A history of the late province of Lower Canada [microform] : parliamentary and political, from t he commencement to the close of its existence as a separate province

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A HISTORY

OF THE

LATH PROVINCE

LOWER CANADA
PARLIAMENTARY AND POLITICAL

FROM THE COMMENCEMENT TO THE CLOSE OF ITS
RXISTENCE AS A SEPARATE PROVINCE.

By ROBERT CHRISTIE,

IN SIX VOLUMES.

VOL, L.

MONTREAL:
RICHARD WORTHINGTON,

PUBLISHER AND BOOKSELLER.

1866.

paRr
FC

292/

/L66
Vel

Entered, according to act of the Provincial Legislature, in the year
one thousand eight hundred and sixty-five, ‘for the protection of copy
rights in this province’ by Ricup. Wortninaten, ia the office of the q
Registrar of the province of Canada. ,

August, 1865.

TO HIS EXCELLENCY
THE RIGHT HONORABLE

JAMES, EARL OF ELGIN AND KINCARDINE,

KNIGHT OF THE MOST ANCIENT AND MOST NOBLE

ORDER OF THE. THISTLE,

x
, | HER MAJESTY’S
le year .
of copy GOVERNOR GENERAL
of the ‘
1865. te

BRITISH NORTH AMERICA,

( Sc., Fe. Fe.

i THIS WORK IS, WITH HIS EXCELLENCY’S LEAVE,
RESPECTFULLY INSCRIBED BY

THE AUTHOR.

Sn A Neate
int x

INTRODUCTION.

Tnx history of Canada previous to the conquest and
thence to the division of the province of Quebec into
the two provinces of Upper Canada and Lower Canada,
is pretty well understood ; but, of neither of these two
late provinces, now reunited, has any complete memo-
rial of their separate existence, from first to last, nor
any thing beyond pieces of their history, in the
english language at least, in so far as has come to the
writer’s knowledge, been published. The present is
an attempt to supply, with respect to Lower Canada,
the desideratum, if such there be in the public mind,
and with what fidelity and success, the reader will deter-
mine. The constitution of this province, modelled
upon that of Great Britain, as far as circumstances
admitted, having, after a fair trial of nearly fifty years,
and much patience and long forbearance on the part of
the imperial authorities, proved a failure, the questions,
why ?—and,—how? very naturally present themselves
to those, who, happy enough not to have been mixed up
with the agitation and intrigues by which the country
was allowed too long to be distracted, nevertheless take
an interest in its history and welfare, and look for
instruction on the subject. The present work may
tend to solve those queries.

9

il

In Upper (Canada, the same constitution which, in
Lower Canada, was repudiated by its representative
assembly, backed as indubitably it was, by the great
majority, indeed nearly the whole of the constituent
masses throughout this province, worked well and pros-
perously for that province, the body of whose inha--
bitants were, it is to be observed, british or of british
origin, and who, finding in it the guarantee of their
rights, as british subjects, and the faculty of developing
the resources, and with them, also the prosperity of the
country, and its defence as well against aggression from
without as treason within, cherished, and would have
fought and died in its defence. Whether it were that
the one race had more aptitude and were better quali-
fied for the appreciation and use of it than the other, it
is not with us to say ; but, from whatsoever cause, the
fact always is patent and irrrefutable, that, in the
hands of the one it throve, answered the intended
purpose, and was appreciated by the people as a bless-
ing, the palladium of their privileges, and made
available accordingly. Whereas, in those of the other,
notwithstanding that during the first twenty-five years
of its existence it worked to admiration, it signally
failed, turning out, unhappily, something worse than
a mere failure. The success in the one instance and
miscarriage in the other, are not, however, mentioned
with any view of drawing unfavorable compari-
sons, but as facts now of history, accomplished and
irrevocable, whatsoever may have been the causes, or
the consequences past or to come, and upon which the
philosophic reader will expend what conjectures his
reflection may suggest. But one thing, it would seem

4°

oy a 4 Seamer oe

lich, in
entative
he great
nstituent
nd pros-
yse inhae:
f british
of their
veloping
ty of the
ion from
uld have
vere that
er quali-
other, it
use, the
, in the
intended
a bless-
d made
e other,
e years
signally
rse than
ance and
entioned
ompari-
shed and
huses, or
hich the
ures his
uld seem

ea —— @ SS _:

ER Agee te Aap -

ii
is certain.—The same spirit that rendered the constitu-

tion abortive, in Lower Canada, survives, and far from

neutralised by the union, still leavens the larger mass,

and though forthe moment stifled in it, -s not the less

actively at work, if recent warnings of sinister augury,

scarcely to be mistaken, are to go for any thing, and

may again produce the same, if not still greater mis-
chiefs. It will be for those who are ‘‘ responsible,”’ to
look out, and they are probably not inattentive to what
is going on.

The present work traces the matters alluded to
throughout their progress, from cause to effect, and
from origin to result—including the differences between
the house of assembly and executive, with respect to
the civil list, miscc'Ned ‘ financial difficulties,” there
being in the finances themselves, no failure nor embar-
rassment whatever, nor any thing more than a misun-
derstanding as to the manner, in which the funds to
vrovide for that important object should be given ;
the assembly setting up pretensions in the matter
deemed unconstitutional by the executive, and as
such, resisted by it. The pretensions of that body to
dictate a reform in the constitution, by insisting upon
the introduction of the elective principle in the for-
formation of the legislative council, are also fully traced
from commencement to term—from the first proposi-
tion in the. assembly,and repudiation of the principle by
it in adherence to the established constitution, until the
period of its formal abdication of the constitution itself,
in behalf of the very principle it but recently had
repudiated. Such is the progress that innovating notions,
foreign, nay, -absurd as they may seem when started,

iV
and ill received as they may be, for the moment, will
sometimes make, involving favorable or fatal consequen-
ces, according to circumstances, times, and the direction
they take from these. ‘The writer, however,gives no ver-
sion purely hisown,of any of the important public matters
submitted to his reader, whom it is his desire faithfully
to instruct, by the production of authentic evidences of
the facts he relates, or by references to such sources of.
information as he thinks are to be relied upon, without
exaggeration, or extenuation of any thing.

The actors, in the political drama that will be pro-
duced, of whatsoever party they may be, are allowed
to tell their own tale, lest the writer should misunder-
stand and unintentionally do them injustice, and the
reader will consequently have the advantage of judging
for himself, of their pretensions and of their doctrines,
by their own shewing and the fruits they have produc-

ed. He has endeavoured to guard himself against his

own prepossessions and prejudices, neither approving
nor condemning, otherwise than as the matters related
bear on their face their approval or condemnation,
and to confine himself within the province ofa faithful
pioneer of history, recording the things good or evil, °
proper to be remembered either as subjects to be ad-
mired and imitated, or to de reprobated and avoided in
after times-——beacons upon which those who are to
follow us may be guided and shape their course accord-
ingly~-relating such matters of ordinary interest, how-
ever, as are generally known and admitted to be facts,
and which, if not so, may easily be contradicted, for
his reader’s information and amusement.

Four distinct and well marked epochis in the history

1)

5

nt, will
sequen-
irection
no ver-
matters
rithfully
ences of

urces of.

without

be pro-
allowed
isunder-
and the
judging
ctrines,
produc-

hinst his

proving
related
nation,

faithful

pr evil, °

be ad-
ided in
are to
ccord-
how-
facts,
, for

istory

PO

V

of Lower Canada, will be observed by the reader.—
Wiyst—from the establishment of the constitution,in 1791
ww. oO, twenty years, during which it worked well and
seemed to promise a long and prosperous futurity,

But clouds at the close of this period began to gather—
party spirit had set to work, and appealing to national
prejudices, began to disturb the harmony between the
tworaces, which, till then, had prevailed. Secondly—
from 1810, when the assembly spontaneously made the
offer to defray all the necessary expenses of the civil
government of the province, (which hitherto were only
in part defrayed by it, the difference coming from the
military chest,) to 1818, when, pursuant to this offer,
that house was formally called upon to redeem its
pledge and to make, in a constitutional manner, the
necessary provision, accordingly.-—This space includes
the short period of the american war, the best and
brightest in the annals of Lower Canada, and indeed,
of the people of both Canadas, and of either origin,
each and all intheir respective sections having acquit-
ted themselves of their duty, with a loyalty, patriotism,
and bravery, of which no country or people ever fur-
nished, a nobler example in defence of their homes and
their altars. Vhirdly—from 1818 to 1828, during the
so called * financial difficulties ;” a period of intrigue,
agitation by partisan leaders, and misunderstanding
between the house of assembly and the executive rela-
tive to the civil list, and other things, resulting in an
appeal to the government at home, and parliament of
the United Kingdom, by the famous petition of, as
pretended, 87,000 lower canadians, complaining of
grievances in 1827, and which gave rise to the report

-

’
ie
—_———_————_

SS ee ete

v1

by a committee of the house of commons in 1828,

known as, the report of the Canada Committee, acce-
lerating still greater mischiefs upon the inhabitants of
the two Canadas than the grievances, it no doubt was,
in the best faith possible, intended to redress.--And,
fourthly and finally—--from 1828, when the “ concilia-
tory’? scheme, in pursuance of “‘ the report,’’ came into
action, until as anticipated, its perfect abortion, in 1837,
by the formal repudiation of the constitution, on the part
of the representative body, and the rebellions in various
varts of the province, in that and the following: year,
in connection with its pretensions, and stimulated by
its example and doctrines; eventsin themselves to
be deplored, and which brought on, in 1840, the act of
reunion, merging the two provinces into one, the pro-
vince of Canada, as aremedy, whether the right one
or not remains to be seen.

The idea of an elective legislative council, it may
here be observed, was first started by Mr. Fox, in the
discussion of the constitutional act, for the Canadas, in
1791, but without effect, as alien to the british consti-
tution. From this we hear no more of it, till 1328,
when Mr. Neilson, one of the bearers of the petition of
the pretended 87,000, on canadian grievances, pray- _
ing, among other things, that the constitution be
preserved “ intacte,” on his examination before the com-
mittee to whom the petition was referred, revived the
idea, but did not recommend it, as to his prejudice is
generally understood to have been the case. The
defective composition of the legislative council, was
one of the subjects complained of in the petition. On
being questioned by the committee, as to the amend-

in 1828,
ee, acce-
bitants of
yubt was,
3.--And,
- concilia-
came inte
1, in 1837,
yn the part
in various
ring year,
nulated by
mselyes to
, the act of
e, the pro-
e right one

i], it may
ox, in the
anadas, In
tish consti-
till 1328,
petition of

ces, pray- .

itution be
re the com-
pyived the
prejudice 1s
ase. The
uncil, was
ition. On
the amend-

Vii

| ments that might be suggested, he is represented t
have stated, that an elective councii might be s le
j cnough, but that it was contrary to the capaiiee
@ and to the wishes even of those whom he re pelo
Sand the notion was dropt. We next find it i A ;
i duced for discussion in the assembly, by Mr ‘Les
i without effect however, the assembly ‘au baits ae
! disposed to countenance the proposition ; but Gnally si
; few years afterwards, we find it revived and insisted ee
by the assembly, as a principle which, at all hasiue '
"was determined should be introduced into the Gitaion

Hof the legislative council, repudiating for the sake of it
b]

q the fs of R . a . e .
: existing constitution, refusing also, as previously

4 defray the ordinary and extraordinary expenses of th
government to carry their point, and coerce the cae
povernment into the measure. ‘
4 As to the difficulties-relating to the civil list,
Meader will easily see through them. The pur i of
igre assembly were too palpabie to be mistaken inlig
few hen the offer was first spontaneously veudy, npthie
mepere is every Treason to believe, was intended be oo
@putting the matter upon a fair and constitiionsl fais
! ind to secure to the representatives of the cquniry their
1 st and rightful controul upon the public Rab Ne
r he subject took, however, in the sequel, another btm,
q nd became one of great annoyance to the Sa iell
mmovernment and to the country. Whatever opinion the
j eader may form on this and other matters he will meet
with on which difficultics arose, he will nok fa tod
j ark and appreciate the unwearied, the exhaustless
simatience of the home government throughout the long

Vill

period of the so called financial and other difficulties
started in the colony, and which it had to discuss
and conciliate, as best it could, but after all could not ;—
its earnest and unswerving anxiety to cet at and redress
all real and tangible grievances submitted,year after year
to it, by the assembly, and to do justice in every possi-
ble shape to the people of the province, and in particu-
lar to those of french origin, down to the very hour, an
evil one indeed, when mistaking a spirit of paternity
and conciliation, by the authorities of the empire, for
weakness, the more hasty and inconsiderate, deter-
mined upon doing themselves justice, by an unwise, and,
certainly, under all the circumstances, an unprovoked
appeal to the ullfima ratio, putting an end to all
further conciliatory steps. The reader will not fait
also to perceive that in all the pretensions, however
eccentric or unconstitutional, set up by the representa-
tive body, it was sustained, from first to last, down to
the abdication of its functions and repudiation of the
constitution, by the consutuent masses throughout the
province, with trifling exceptions, as previously men-
tioned. The endeavours cof the home government to
conciliate, the determination not to be conciliated by
any concesions, it could safely or consistently make,
being evident, were viewed from the outset es hopeless, |
by all who had observed the origin and progress of the |
“grievances,” which finally broke out in rebellion.

Never had the government of the province, since it |
had become a part of the british empire, stood in so pres
carious a position as at this crisis, for which it was in a @
measure unprepared, although the entire of the forces in |
the Canadas was concentrated for an expected rupture in |

1X

difficulties ywer Canada, whither they had been altogether
to discuss th drawn from the upper province, by the wise pre-
ould not ;=—- Gon of the commander of the forces, and well it was
and redress Bt pe had the foresight and prudence to take the
ar after year Be caution.—Never, perhaps, had so extraordinary a
every pore ange, and as many will insist upon it, causelessly,

d in particu-
ery hour, an
of paternity
»empire, for
erate, deter-
unwise, and,

n unprovoked
n end to all
will not faik
ons, however
e representa-
last, down to
diation of the
hroughout the
eviously men-
rovernment to
onciliated by
stently make,
t as hopeless,
ogress of the

rebellion.

ince, since it
tood in so pre=
h it was in a @
f the forces in |
ted rupture in §

en wrought in the minds of, it is not too much to say,
Whole population in so short a period as now mani-
ted itself in the Montreal district particularly, where
fenty-five years previously, upon the threatened
fasion by our neighbours, there was not a man living
ho would not have ‘shed his blood in defence of that
yernment and constitution, which, in some’ parts
@™post toa man, it seemed, they were now as deter-
fed and ready to subvert, a consummation ardently
Bired in the fever and delirium of the moment, and
h the whole of her Majesty’s forces in the country
jcted as they were by one of the ablest gene-
F in the british army, but with difficulty prevented,
'not without loss of life, and though of little
sequence compared to it, much waste of treasure,—
Bhow to account for the change? Phrensy, political
fenza, sense of wrong—the reader and the casuist
call_and attribute it to what they please, but it is of
vere duties of the annalist, however painful to him-
offensive to others the task, faithfully and without
Erness to record the change and the events, and to
B to the statesman and the philosopher the study of
fas a subject worthy of their consideration.
Ht it not for a moment be supposed from anything
fas preceded that there is a disposition to undervalue
timable qualities, moral and social, of the canadian

ac

x

habitart of french origin. The class is too generall, |
known and its virtues acknowledged, to need commenda.
tion orcommentary as to character here. Many inde
of them have erred, but, who has iiot ?—and may err!
again. Unable always to judge for themselves in matter
of policy and government, they are, perhaps, too]
easily led, and scinetimes astray, by those in whom they Mr”
have confided, but the diffusion of education and _ the!
light of the press will, by and bye, it is to be hoped,j

dispel the darkness ; and we who live, may yet befor|
departing see the day when not a spot upon the

escutcheon of our fellow subjects of french origin bui|
shall have been wiped away. |

_ The canadian population of french descent are no}

be it observed, to be judged of morally, or socially, by

the late disturbances,in which numbers of them in ceria
quarters,were induced to join, at the instigation of lead. amg
ers and political agitators, some of whom at the crisis ,ilmth
abandoned and fled from those they had misled. In age"
religious, moral, and social sense, the french canadiaimms'!
character is not excelled by that of any people in ihm
world. He who would be perfectly acquainted witifiimat
Jean Baptiste must visit him at his country residen:: imc
and abide with him there awhile—if in the winter season imp
when the long vetllées afford leisure and opportunity {v
conversation, all the better ;—see him in his social an
domestic circle, inthe several relations of parent, neigl|
bour, and friend, and he will then understand auj
appreciate the old gentleman. :

Canada, be it also observed, never was a convict

penal colony to which the offscourings of the motel
country, France, were transported. On the contra
the greatest care was bestowed by the french goveti

|

aa sng noes

|
i
|
He
Hil
|
|
|

s too generally’
need commenda-

Many indec!
:P—and may er |
selves in matters |
2, perhaps, too]
se in whom they}
ucation and _ the’
is to be hoped,j
may yet befor}
spot upon the
anch origin but]

xl

ment, from its first occupancy of the country, in the
olonization of it; many individuals of the first families

Sin that kingdom, and gentlemen, taking an interest, em-

barking in the enterprise, and emigrating to the colony

Withen called and known as “la nouvelle France,’’ the

nfluence of whose manners and example upon their
followers partaking in common with them of the
mrbanity of the french disposition, is still conspicuous
and characteristic of their descendents. Liberal endow-
ments, for the religious needs of the colony, for the
justruction of its youth, male and female, for hospitals,
prin and other charitable institutions, were made at

lescent are not

lan early period, and on a magnificent scale, as the
estates of the late order of Jesuits, those of the seminaries

, or socially, by
of them in certai
stigation of lead,

hom at the crisis®

ad misled. In 4

> french canadiall

y people in th

acquainted with

untry residency,

lof Quebec and Montreal, and of the various religious
communities of ladies in those cities testify. The
rovernment, though in its character despotic, was in
the reality any thing but that, an exceedingly paternal]
pne, providing mild and wise laws, suitable to the infant
state of the colony, and fostering its growth by every
eans that could be devised, and sparing no expense.
n fact, everything was done that foresight and wisdom
could suggest ; as ifthe government of France contem-

he winter seasor

Iplated in the colonization of Canada, as no doubt’ it

d opportunity ‘0

Hid, the establishment of a future empire, and were

in his social anf

of parent, neig!
understand an

was a convict (
s of the moth®
On the contra
french goveti

Beiermined to lay the foundations accordingly, broad
Band deep, as truly they were, judging of them, as at
this day we see them, not in ruins, but still thrifty and
thriving under the protection of another not less paternal
gominion.

The first and second chapters, it will be perceived,
re rather introductory to, than a part of the history

xii
itself, of Lower Canada, But the matters they treat A
of, being necessary to a right understanding of it, the
writer has thought proper to initiate his reader, by Jj
submitting to him a sketch of what the province of ©
‘Quebec or Canada was anterior to its division into the ¥
provinces of Upper and Lower Canada ;—that is to a

say, fromthe conquest in 1759 and 1760, down to ay

1791, a period of thirty years. The reports of the ay

attorney general Thurlow and solicitor general Wed- ¥

derburne, on canadian affairs, in 1772 and 1778,
copious extracts from which are given-in the second
chapter, will be found interesting and read with satis-
faction. They are from manuscript copies in posses-
sion of G. B. Faribault, esq., one of the vice-presidents 4
of the Literary and Historical Society of Quebec,”
to whose industry, in the collection of memorials valua-
ble to the history of the country, it is much indebted ;
and who, having obligingly communicated them to us,
with permission to make use of them,we have not failed
to take the advantage of his kindness, (and for which
these are our acknowledgments to him,) and to quote
largely from them, for the information of the reader. |
These valuable papers must, in all probability, have been &
already published ; but, not recollecting to have seen |
them even alluded to in any work on canadian affairs,
we have with pleasure and may say, with pride,
embodied considerable portions of them in the present.
They are splendid and most gratifying proofs of the
spirit of justice and liberality towards Canada, that have
characterised the statesmen and jurists of our country,
from the incorporation of the former with it, and the
great empire of which it makes part, and which it is an

ters they treat 4
nding of it, the |

is reader, by

he province of ||
vision into the #
la ;—that is to |
760, down to ss
reports of the |
general Wed-

72 and 1778,
in the second
read with satis-

pies in posses- 7
vice-presidents —

y of Quebec,”
emorials valua-
uch indebted ;

ed them to us, 4

have not failed
bnd for which

and to quote
of the reader.

lity, have been &
to have seen |

adian affairs,
| with pride,
1 the present.
proofs of the

our country,
h it, and the
which it is an

nda, that have —

xill
sreeable duty to the writer of these lines to put on
ecord, as an humble tribute, of his respect for the
nemories of the great and good men by whom such
oble sentiments were expressed, towards the race and
puntry, of whose general history he is endeavouring to
ut together a portion for the use of future labourers
n the same field.
With respect to the extinguishment of Lower Canada,
Wis 2 province, and its reunion with Upper Canada, the
avriter wishes it to be understood that his work is
| tended, neither as an apology for, nor in animadver-
ion of the measure, but impartially to record, as of his-
pry, those matters that led to it. The reader will judge
or himself of its expediency or the reverse, according to
he view he may take of them. The history of a people
s part of their public property, and not the least valuable
f it, and this is but the writer’s contribution to the
eneral stock. The intelligent reader, will, it is hoped,
jowever, ona perusal of the whole, be able to form a
ust opinion upon that important measure, and deter-
aine whether, consistently with the integrity of the
mpire and the dignity of, its government, the separate
istence of Lower Canada as a province, after all that
jad occurred, were any longer éndurable, and its sup-
ression and reunion with Upper Canada (which by the
ame measure, be it also observed, lost in like manner
is separate existence) were not, rather than a matter of
Bhoice, one of absolute necessity imposed on the imperial
mvthorities by the former.. Atall events, the reunion be-
mg now a work accomplished and done, not hastily nor
| ithout due consideration of the subject,inall its bearings,
Pill, probably, not hastily be undone. Confiding more in

XIV

the wisdom of those who have adopted the measure, |
than in those who forced:it upon them, we may, %
without presumption, entertain the belief, that agitate, 7
not to use a stronger term, who may, for its undoing,
the game will scarcely pay, and that the labour may ©
prove worse than lost. It will, one may reasonably 7
suppose be wiser, taking all things to account, in the a
masses, frankly to join in carrying out the views of the |
imperial legislature, than to combine in thwarting 4
them, if such be contemplated :—to make it in good faith, ©
and in the true spirit of british subjects faithful to thei: 4
duty, their allegiance and their interests, work in the 4
right direction, as a measure of internal union and
strength for constitutional purposes, ' the promotion and :
stability of good government, and above all, the “a
grity of the empire, rather than as some polities!
sciolists-of the day treacherously would turn it, to =P ig
the foundations ,of our whole social and nolitical fabric,

facilitate the progress of treason, and hasten the subju- I 4 ; :

vation of the british north american possessions, or if]

the reader prefer the term, “‘ annexation” to the ambi- |
tious republic adjoining us; which heaven in its mercy ©
and our own prowess, if we must come to blows, averi. i

Quebec, January, 1848.

d the measure, a
hem, we may, |
of, that agitate, 7 q
or its undoing, &
the labour may
nay reasonably
account, in the
he views of the

CHAPTER I.

ketch.of Canada from the Conquest, (1759 and 1760) to
the passing of * The Quebec Act,” in 1774—Provisions
of the Act—It defines the boundaries of the newly «+
acquired dominions constituting ‘ the Province of Que-
bec”—Continues the old Civil Laws of the country —
' Establishes the English Criminal ‘Code—Declares the
> in thwarting free exercise of the religion of Rome, and confirms the
iti dfaith = Clergy in their accustomed dues—The Governot or Com- |
Proce ey aith, i mander in Chief for the time being, and a Council ap-
faithful to their “ pointed by the Crown, ¢mpowered to make Ordinances
, work in the “Mm for the peace, welfare, and good government of the Pro-
rnal union and ag Vince, &c.—Opin‘ons of the Act in England—Address of
q the General Congress to the inhabitants of the Province of
> promotion and |

Ve Quebec.
reall, the inte-
i os
some political: @
turn it, to sap)

7 gt a ae pe FF ee
igo as a Sap wali AE yaa) ns

Tue first intervention of the British Parlia- Chap.
ment in the affairs of Canada, after the con-
political fabric, mggguest, finally achieved by the capitulation of 1760
._ | Montreal in 1760, and confirmed by the treaty
sten the subju- 7a , . 1
sessions, or it mage! Peace between France and England in 1763,
sses ; if 9 : '
i: . was in 1774, when two Acts were passed relat-
? to the ambi- Gam. : sat
Papen | Gaming to the newly acquired territory, then called
. merey “Gm the Province of Quebec.” The one gave it a
pmrows, aver! @econstitution and form of government which we
Pwehall more particularly notice presently.—The
‘Sayother provided a revenue for defraying. the
‘Y@edministration of justice and support of the
“@ecivil government, by the imposition of certain
ygduties on spirits and molasses, and which du-
ties were in lieu of others enjoyed by the
French King previous to the conquest. They
were, however, in the total but inconsiderable

A

to
174,

Chap.

to

1774.

ae
1760

2

and far short of the amount annually required
for the purposes to which they were rppro-
priated, the deficiency being supplied from the
Imperial treasury.* |
From the conquest to this epoch, fourteen
years, the province appears to have been
governed generally to the satisfaction of the
inhabitants. During the three first years of
this period, however, the government was a
purely military, though it seems an equitable
one, and, indeed, more to the taste, as some
will have it, of “ the new subjects,” (as the
Canadians were then denominated,) them-
selves a brave and military people inured to
war and discipline, than that which immedi-
ately succeeded it, and perhaps than any that
have since followed. The royal proclamation
of 1763, by their new Sovereign, King George
the third put an end to this, and introduced a

new order, something more congenial to British |

feelings and habits, with the double view of
tranquilizing the new subjects, by the intro-
duction of a government better suited to pro-
tect them in their civil rights and institutions
than previously, and of encouraging emigra-
tion from home into His Majesty’s newly ac-
quired North American dominions. All disputes
from this time forward, between the new sub-

jects concerning rights in land and real pro-

property, inheritance, succession to, and divi-
sion of the same among co-heirs, continued as

* See the Statutes of 14 Geo. ITI, chapters 83.and 88.

ik OS

required

or. ppro-
from the

fourteen
ve been
nof the
years of
nt was a
quitable
as some
(as the
) them-
ured to
immedi-
any that
lamation
George
duced a

D British ©

view of
e intro-
to pro-

itutions _

emigra-
twly ac-
lisputes
ew sub-
pal pro-
d avi
nued as

3

previous to the conquest, to be determined Ci».

according to the ancient customs and civil laws |

of Canada, and by judges conversant with those 1760

laws, selected from among their own country-
men ; and these also were the rules of decision
in the like matters, between the old subjects of
the King who had immigrated hither and settled
in the province. Most of these expected,
however, that-in all cases wherein they were
personally concerned, civilly or criminally, the
laws of England were to apply, in confor-
mity as they read it, with His Majesty’s pro-
clamation, imagining also that in emigrating,
they carried with them the whole code otf
English civil and criminal laws for their pro-
tection.

The criminal law of England following the
conqueror, as a matter of right prevailed as the
proper code under which the innocence or guilt
of “British subjects” on trial ought to be tested,
and the new subjects were not long without
feeling its superiority over the laws it supplant-
ed. In all cases of personal contracts and
debts of a commercial nature the English laws,
it would also seem, practically ruled, but as in
all civilized countries the laws which regulate
such matters are nearly the same, they were
cheerfully acquiesced in, and although anoma-
lies, unavoidable inthe novel and transition
state in which the colony and its judicature
were placed, did undoubtedly occur in the
administration of civil justice occasionally,
(there not being wanting those who have

to
774.

Chap.
I.

1760
0
1774

4

asserted that there was no fixed rule in admi-

—~ nistering it, justice being sometimes dealt out

according to the one code, and at times accord-
ing to the other, and perhaps imperfectly, in
reference to either,) it seems clear that justice
was intended, and in the main fairly dealt out
by those entrusted with it, and indeed to the
public satisfaction. This, however, the reader
will observe, relates to the period occurring
between the conquest and 1774, subsequent to
which and down to the division of the pro-
vince of Quebec into the two Provinces of
Lower and Upper Canada in 1792, great dis-
satisfaction at the courts of justice and judges,
under the new judicature system arose and con-
tinued until it was reformed by Act of the Legis-
lature of Lower Canada, in1794, and which also
in its turn has been superseded by an Act of the
Legislature of Canada in 1843, to what pur-
pose remains to be seen, but little, if we are to
credit those practising in the courts of law, and
admitted as the best qualified to judge of it,
better than the previous system, if so good, yet
infinitely more costly to the province.
Considerable anxiety prevailed, neverthe-
less, during the former period, ( 1763 to
1774 ) as to the system of laws that was
permanently to rule; eaeh class of subjects,

old and new, looking for the prevalence —

of that with which they were most fami-
liar, and consequently considered the best,
the old subjects holding out for the English
laws, which they insisted had been promised

EE ors PP Lae Oe MIRE + Stehiped

in admi-
dealt out
$ accord-
fectly, in
at justice
dealt out
ed to the
1e reader
yecurring
quent to
the pro-
vinces of
reat dis-
1 judges,
and con-
e Legis-
hich also
ct of the
at pur-
€ are to
aw, and
Pe of it,
Dod, yet

verthe-
763. to
at was
bjects,

alence —

fami-
best,
nglish
pmised

ee te Pe ee ee ee

5

and guaranteed to them, by His Majesty’s pro- chap
clamation ; and the new, for their ancient cus- |:

iin

toms and usages, by which, during a long >,

series of years their civil rights, possessions, | t
and property, had been regulated and secured ''”'
to them, and which also they maintained were
secured to them by the capitulations of Quebec
in 1759, and Montreal in 1760, and finally by
the treaty of peace in 1763, between France
and England.

There was, moreover, a general uneasiness
both among the old and new subjects with
respect to the constitution of government
that might finally be established in the pro-
vince, the former looking for one such as
they were accustomed to,—a government
partaking of a representative character, which
the latter rather deprecated than desired,
apprehensive that in the more skilful hands
of their fellow subjects of the other origin
it might be turned to their disadvantage.—
In fact, they looked rather to the preser-
vation of their laws and institutions, their
civil and their social rights which they per-
fectly understood and appreciated, thanto any
of a political nature to which they were entire
strangers ; self-government, politics and legisla-

tion being quite out of their sphere, and beyond

their aspirations. The government of a single
individual, or governor aided by acouncil or a
certain number.of advisers, was perfectly intel-
ligible to them, and such as they had been

_&§ actustomed to, and if honest and upright, all

6

bo tit

Mh | Chap. they desired. A constitution consisting of a
| '- governor and two branches, was quite new to
‘176 the great body, who could not understand their
0, meaning or purposes, and therefore considered
| “the whole as an English invention, (invention
Anglaise,) intended to cheat them of their
| rights, and, in the long run, their money ;
and how far they may have been right or
| wrong in their suspicions casuists may deter-
! mine if they can. But of such a government
ii} and constitution they had no correct concep-
| tion, and few in the mass were then qualified
| to partake of it, if established. Nor in the
\ opinion of the British government, had the
i time as yet arrived, when the state and cir-
: cumstances of the province would admit of a
constitution modelled after that of England,’
and, accordingly, the legislation of the country
was entrusted to a governor and legislative
| ty council appointed by the crowa, in conformity

| to the provisions of * the Quebec Act.”
all This act was exceedingly unpopular in Eng-
land as well as unsatisfactory to the old sub-
* jects or British settlers in Canada, and besides
gave umbrage to the neighbouring colonies
then on the eve of revolt, which it contributed
to accelerate.* It was, however, just in its

aa
a

* Authgntic copy ofan Address and Pelition presented lo the 7%
King by the Corporation of London, previous to His Majesty =
signing the Bul for the better government of Quebec :— @

‘«¢ To the King’s Most Excellent Majesty. q

*« Most Gracious Sovereign. |
‘«« We your Majesty’s most dutiful and loyal subjects, the Lord Mayor,
Aldermen .atd *Gommon Council of the city of London, in common
council assembled, are exceedingly alarmed that a bill has passed

sting of a
fe new to
tand their
onsidered
‘invention

of their
/ money ;
right or
yay deter-
yvernment
| concep-
qualified
or in the
had the
>and cir-
idmit of a

England,

e country

d besides
colonies
ntributed
st in its

sented lo the
His Majesty

Lord Mayor,
, incommon
) has passed

*

7

suited to the country, and worked well.

The population of the province at this time, 474,

1774, is variously stated. “ The Quebec Act”
states it at ‘over sixty-five thousand,” and in
other quarters it is asserted, upon what data
does not satisfactorily appear, at a hundred
and twenty thousand. ‘The truth may lie half
way between the extremes or thereabout, but
even this is but conjecture.. The revenue as

your two houses of Parliament, entitled an “ An Act for making more
‘« effectual provision for the government of the province of Quebec, in

_ « North America,”? which we apprehend to be entirely subversive of

the great fundamental principles of the constitution of the British mo-
narchy, as well as of the authority of various solemn acts of the
legislature.

« We beg leave to observe, that the English law, and that wonder-
ful effort of human wisdom, the trial by jury, are not admitted by this

@ billinany civil cases, and the French law of Canada is imposed on all

the inhabitants of that extensive province, by which both the persons

® and properties of very many of your Majesty’s subjects are rendered

insecure and precarious.

‘© Wehumbly conceive, that this bill, if passed into a law, will be
contrary, not only with the compact entered into with the various set-
tlers, of the reformed religion, who were invited into the said province
under the sacred promise of enjoying the benefit of the laws of your

me government.

?

a
p

4g

‘ That, consistent with the public faith pledged by the said proela-

4 mation, your Majesty cannot erect and constitute courts of judicature

™ and public justice for the hearing and determining all cases, as well
®@ civil as criminal, within the said province, but as near as may be
@ agreeable to the laws of England ; nor can any laws, statutes, or ordi-
nances, for the public peace, welfare, and good government of the said
* province, be made, constituted or ordained, but according to the laws
of this realm.

‘ Vhat the Roman catholic religion, which is known to be idolatrous

F and bloody, isestablished by this bill, and no legal provision is made

for the free exercise of our reformed faith, ncr the security of our pro-

am =testant fellow-subjects of the church of England, in the true worship of

Almighty God, according to their consciences.
‘‘ That your Majesty’s illustrious family was called to the throne of

| these kingdoms in consequence of the exclusion of the Roman-catholie
_ ancient branch of the Stuart line, under the express stipulation that

m provisions towards the King’s new subjects, Chap.

to

1774,

| realm of England, but h..ewise repugnant to your royal proclamation
_ of the 7thof October, 1763, for the speedy settlement of the said new

jas soca” en pie _

Se ee ST aerate el

Chap.
I,

ww
1760

to
1774,

8

previously stated was slender. According to
Mr. Smith, (History of Canada) the whole
duties on wine and spirituous liquors collected
at the port of Quebec, for the three years
rans 1766, only amounted to £2,327,

alifax currency. By the Receiver General’s
accounts, observes the same gentleman, the
territorial revenue for the thirteen years from
Ist May, 1775, to 1st May, 1788, comprehend-

they should profess the protestant religion, and according to the oath
established by the sanction of parliament in the first year of the
reign of our great deliverer King William the Third, your Majesty
at your coronation has solemnly sworn that you would, to the
utmost of your power, maintain the laws of God, the true profession
of the Gospel, and the protestant reformed religion established by law.

That although the term of imprisonment of the subject is limited
to three months, the power of fining is left indefinite and unrestrained,
by which the total ruinof the party may be effected by an enormous
and excessive fine.

«“ That the whole legislative power of the province is vested in per-
sons to be wholly appointed by your Majesty, and removable at your
pleasure, which we apprehend to be repugnant to the leading prinei-
ples of this free constitution, by which alone your Majesty now holds,
or legally can hold, the imperial crown of these realms.

“ That the said bill was brought into parliament, very late in the
present session, and after the greater number of the members of the two
houses were retired into the country, so that it cannot fairly be pre-
sumed to be the sense of those parts of the legislature,

«“ Your petitioners, therefore, most humbly supplicate your Ma-
jesty, as the guardian of the laws, liberty, and religion of your people,
and of the great bulwark of the protestant faith, that you will not give
your royal assent to the said bill.

** And your petitioners, as in duty bound, will ever pray.”

ere metnenrt

Extract of an Address to the people of Great Britain, from
the Delegates appointed by the several Knglish Colonies of New
Hampshire, : Massachusetts Bay, Rhode Island, and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania,
the lower Counties on Delaware, Maryland, Virginia, North Ca-
rolina, and South Carolina, to consider of their grievances in
General Congress, at. Philadelphia, September 5th, 1774 :—

‘« Well aware that such hardy attempts (to take our property from
1ws—to deprive us of that valuable right of trial by jury—to seize our
persons, and carry us for trial to Great Britain—to blockade our ports

sording to
he whole
collected
ree years
. £2,327,
General’s
eman, the
rears from
nprehend-

ling to the oath
‘st year of the

your Majesty
would, to the
true profession
blished by law.
ibject is limited
id unrestrained,
yy an enormous

8 vested in per-
ovable at your
leading prinei-

psty now holds,

ery late inthe
tbers of the two
fairly be pre-

cate your Ma-

of your people,
bu will not give

ay.”

Britain, from
onies of New
d Providence
Pennsylvania,
a, North Ca-
prrievances in
1774 e—

property from
r—to seize our
kade our ports

9

Bsury, not equal to ten thousand pounds sterling.

lof the Province of Quebec. It set aside all

October, 1763, pursuant to which the province
ad since been governed, the same having, it
Wiwas said in the Act, upon experience, been
found inapplicable to the state and circum-
sstances of the province, the inhabitants whereof
amounted at the conquest to over sixty-five
thousand persons professing the religion of the
Wchurch of Rome, and enjoying un established
Waform of constitution and system of laws by
@ewhich their persons and property had been
to destroy our charters, and change our fotms of government) would
occasion, and had already occasioned great discontent in all the colo-
bies, which might produce opposition to these measures, an act was
passed ‘to protect, indemnify, and screen from punishment, such as
ight be guilty even of murder, in endeavouring to carry their oppres-
@aesive edicts into execution ;”’ and by another act “ the dominion of Ca-
agnada is to be so extended, modelled, and governed,” as that by being
disunited from us, detached from our interests, by civil as well as reli-
zious prejudices, that by their numbers swelling with catholic emi-
grants from Europe, and by their devotion to administration, so friend~
ly to their-religion, they might become formidable to us, and, on occa-
sion, be fit instruments inthe hands of power, to reduce the ancient
free protestant colonies to the same state of slavery with themselves.
_ “ This was evidently the object of the act: and in this view, being

m@eextremely dangerous to our liberty and quiet, we cannot forbear com-
Bplaining of it, as hostile to British America.—Superadded to these

ft has reduced the many English settlers, who, encouraged by the
loyal proclamation, promising the enjoyment of all their rights, have
purchased estates in that country. They are now the subjects of an
irbitrary government, deprived of tria) by jury, and when imprisoned

and palladium of English liberty :—nor can we suppress our astonish-

Ment, thata British parliament should ever consent to éstablish in that

ountry a religion that has deluged your island in blood, and dispersed

Gee piety, bigotry, persecution, murder, and rebellion, through every
artof the world,”

provisions under the royal proclamation of 7th

Eonvictions, we cannot help deploring the unhappy condition to which |

fannot claim the benefit of the habeas, corpus act, thut great bulwark ~

ing arrears, was in actual receipt at the trea-chap.

I.

“ The Quebec Act” defined the boundaries 5745

to

Chap.

I.

10

protected, governed and sidered for a long
series of years, from the first establishment of

1769 Canada ; ard it reinstated, or rather continued

to
1774.

and established the civil laws of the country,
which practically, with respect to property and
civil rights, had been observed since the con-
quest, as just stated.

The existing commission, under authority of
which the government was administered, and
all ordinances by the governor and council of
Quebec, for the time being, relative to the
civil government and administration of justice,
and all commissions to judges and other officers
were revoked and made null by the Act. The
exercise of the Roman catholic religion was
declared free, and the clergy thereof maintain-
ed in their accustomed dues and rights, with
respect to such persons only as professed the

said religion, which thus, became established

by law, in this part of the British empire in
virtue of an Act of Parliament, while. at home,
and in other parts of the empire, persons pro-
fessing the religion of Rome still laboured unde:
the most galling disabilities on account of their
religious creed. 7
All His Majesty’s Canadian subjects within
the Province of Quebec, the religious orders
and communities only excepted, (nor were any
of these, in fact, ever divested of their pro-
perty, of which to the present time they
remain in undisturbed possession, except the
Jesuits, whose order had been suppressed by
a papal brief,) were secured in their properts

or a long
shment of
continued
> country,
yperty and
> the con-

ithority of
ered, and
council of
ve to the
of justice,
er officers
Act. The
igion was
* maintain-
yhts, with
fessed the
stablished
empire in
bat home,
rsons pro-
red under
nt of their

ts within
pus orders
were any
their pro-
ime they
xcept the
ressed by

properts

a
°

1]

ive thereto, and all other civil rights to

he fullest extent consistent with their alle- 765

iance to His Majesty, and subjection to
he crown and parliament of Great Britain, it
being specially enacted that in all matters of
ontroversy relative to property and civil rights,
resort should be had to the laws of Canada as
the rule for the decision of the same, liable,
however, to alteration by any ordinances of the
Governor and_ Legislative Council that might

pe made for that purpose. |

_ The criminal law of England, “ the certainty
and lenity” whereof, and the benefits and ad-
vantages resulting from the use of which, it

Wwas also observed in the act, had been sensi-

bly felt by the inhabitants from an experience
of more than nine years during which it had
been uniformly administered, was continued
and to be observed as law to the exclusion of
every other criminal code which might have
prevailed before 1764, but subject in like

@manner to modification and amendment by

ordinances of the Governor and Council.*
a His Majesty was authorised to appoint a
ouncil for the affairs of the Province, con-

F * 1n1752, Pierre Beaudoin dit Cumberland, with three others, sol-
diers in a corps called ‘¢ Détachement des Troupes de la Marine,’’ then
in garrison in the town of Three Rivers, were accused of having set
fire to the Town, in different places, on the night of the 21st May. The
crime of arson was proved by witnesses against Beaudoin, but he was
laced on the rack in order to discover‘whether he had any accomplices.
ie suffered this punishment without making any declaration, and was

finally executed.
_ The punishment of the rack was frequently applied to criminals, and
1 one Instance ona female for having hidden the birth of an illegitimat.

and possessions, customs and usages rela-c

1

hap.
I.

to
774,

Chap.

ad e ° 7
1769 consent of the governor,or commander in chie! |

to

1774.

‘ 12

sisting of not more than twenty-three, nor less @ .
than seventeen persons, which council, with §

for the time being, was to have power to make | se
ordinances for the peace, welfare and good @.
government of the province. They were not, #
however, to lay on any taxes or duties ex- @

cept ‘such as the inhabitants of any town or #,,
district might be authorised to assess ani
levy within its own precincts for roads or 7,
other local conveniences :—No ordinance @,
touching religion nor by which any punish-
ments could be inflicted greater than fine
(which, however, as to amount, strange to say,
was unlimited,) or imprisonment for three
months was to have any force or effect until
it received his Majesty’s approbation ;—nor
were any ordinances to be passed at any meet-
ing of the Council where less than a majority
of the whole body should be present; nor at]
any time except between the first of January
and first of May, unless upon some urgent
occasion, in which case, every member thereof!
resident at Quebec, or within fifty miles cf it,
was personally to be summoned by the Gover-
nor. Every ordinance passed was to be trans-@
mitted within six months next after enactmeni,

t
child.—In another instancea negro female, for having set fire to hier ]
master’s house, was condemned to be burnt at the stake, after having r
been hung on the gallows.

The authenticity of the above taken from old manuscript judicial re- BRO ut
cords and papers in possession of G. B. Faribault, Esqr., one of the Vic¢ ;

Presidents of the Literary and Historical Society of Quebec, may be re-
lied upon.—It shews that the rack actually was in use in Canada, «1 4
very short period before the conquest.

ee, nor less |

uncil, with

ider in chief |

wer to make |
2 and good |
y were Not,
duties ex-
ny town or
assess and
rr roads or |
ordinance
any punish
> than fine
ange to Say,
t for three
effect unt!
yation ;—nor
at any meet-
a majority
sent; nor at
of January
ome urgent
ber thereof
miles cf it,
the Gover-

to be trans-@

enactmeni,|

ing set fire to her
stake, after having

script judicial re-
hr., one of the V ic¢
uebec, may be 'e-
se in Canada, “ 4]

13

were ,romulgated at Quebec.

. Pry ie 1760
, Such were the principal provisions of this to
important Act, known as ‘“ the Quebec Act,” 1714.

which gave to the conquered people of Canada
almost a national existence, and under which
the province was governed until divided into
the two provinces of Upper and Lower Cana-
da, that is to say, from October 177-4, when
the Act came imto operation, to the 26th
December 1791, when the provisions of ano-
ther Act (31 Geo. 3, ch. 31,) of still greater
importance superseded it by the constitutions
conferred upon those provinces, which also in
their turn, owing to the failure of that of Lower
Canada, after a fair trial of nearly fifty years,

git has been found necessary in like manner
Mio supersede by the reunion of those pro-
vinces effected by a recent Act (3 and 4
‘ict. ch. 35,) of the parliament of the United

Kingdom. Several useful laws were passed
during this régime, and in particular that
relating to the Habeas Corpus, by an ordi-
nance in 1785, intituled ‘“ An Ordinance for
‘ securing the liberty of the subject and for
f‘ the prevention of imprisonment out of the
Ff Province.”

| The American revolutionary war breaking
out shortly after the passing of the Quebec
Act, matters in Canada remained in a state of
Suspense during the war, in which the new
subjects feeling little or no interest took no
B

for His Majesty’s approbation, and if disallow- chap.
ed to be null from the time the disallowance !:

14

Chap. Very decided or active part. It was a qvarrel,
!. between Great Britain and her own offspring,
‘750 the motives to which, on either side, were
to foreign to the inhabitants of the recently. ac-
™: quired possessions, peopled by inhabitants of |
French descent. ‘hey, indeed, could scarcely §
be expected, in the transition they so re-
cently had undergone from the dominion of
their hereditary monarch to that of a foreign
king whose beneficence they were but begin-
ning to feel, as yet cordially to espouse the
cause of the latter ina matter which could
have so little bearing, as they understood it, @
on their immediate interests. There were in- |
stances, it is true, of defection and of consi- |
derable marauding parties attendant upon and §
in the trail of the provincials from New England,
who in 1775 and subsequently made irruptions
into Canada, in the revolutionary service, and
from which they were driven with disgrace, after
suffering a signal defeat at Quebec, by a handful
of sailors and loyal citizens of the two origins, |
who had organized: themselves for its defence, |
—and there were also, it should be observed,
instances of adherence on the part of several of
His Majesty’s new. subjects, of active loyalty
and of services highly honorable to them, which
it needs not the pen that traces these lines to
commemorate.—T hey are already inscribed on
the page of history, by abler pens—But there
was no rising en masse, no organization for co-
operation in the revolutionary cause, nor, so
far as we know or can learn, agitation with

le > Mt
i. i i a a we ee

as a qvarrel |
vn offspring, |

side, were
recently. ac-

ihabitants of |
uld scarcely §

they so re-

dominion of @

of a foreign
e but begin-
espouse the
which could

nderstood it, |

ere were in-
nd of consi-
int upon and!
ew England,
e irruptions
Bervice, and
sgrace, after
by ahandful

two origins, |
its defence, |

be observed,
of several of
tive loyalty
hem, which
ese lines to
nscribed on
But there
ation for co-

se, nor, so
itation with

15

ny such view among any considerable portion Chap.
™f, or influential persons of the Canadian peo-

»le.—On the contrary, those who at that period 4760

yossessed their confidence and were looked up
by them, are known to have rejected all
propositions, conveyed through delegates and
xthers from the revolutionary authorities in the
volted colonies, of a character to disturb their
llegiance, or to sever Canada from its de-
endence upon the British Crown.* Some

By ill probably be of opinion, that all things con-"

idered, it was enough (and so it may be) that
ey did not turn upon their recent conqueror in
he time of his need, and that to their forbear-
nee or supineness, the reader may view it as
e pleases, the preservation of the Colony to

(reat Britain is.mainly due.- This, however,

but a negative kind of merit, and in sober

ruth, may be all that can be claimed for them
bn that occasion.
Respect to one of more recent date and still

But not so, however, with

treater importance, as will be seen as we pro-

peed, in which the zeal, unshaken loyalty, and

bctive service of the Canadian population,
co-operation with their fellow-subjects of

British origin im both Canadas, saved them ,
rom the grasp of our greedy and insatiable |
heighbours, (as in case of need they again)

vould,) in the war of 1812 against England, }
yainly counting upon the disloyalty and treason|

=f her North American Provinces, and in parti-,
ae ular of her subjects of French origin in Lower

f * See t'e Address at the end of this Chapter.

to

1774.

+

pr

16

Chap. Canada, in which they were woefully in error,
as, to their cost, they found. |

“760 ~+«It is not intended, as the reader will have |

understood from the title page, to go into the

to
1774,

military operations in Canada during the Ame- |
rican revolutionary war. They are only inci- §
dentally here alluded to, as illustrative toa cer- §

tain degree of the state of the country, feeling
and disposition of the population that afterwards
constituted the Province of Lower Canada, a
sketch of whose ~olitical history, during its late

constitution and existence asa province, we |
are endeavoring to lay before him. That part of

the province of Quebec which subsequently
became Upper Canada was then little better
than a vast wilderness. If the writer, as it is
his desire, shall succeed in recording faithfully
and impartially, things as they have occurred,
explaining those that have been misrepresented
from party spirit or by malevolence, or that in
good faith have been misunderstood, ‘and in
pointing out the course, which, while followed
by our good ship, “ the Constitution,” was pres-
perous and promised us the most successful
results, and above all, in marking the fatal
shoals and rocks carefully to be hereafter
avoided by succeeding voyagers, upon which,
in deviating from the proper route, it finally
was cast away, his object will be accomplished.
He is fully aware of the difficulty of the task
he is imposing upon himself.—That he has to
guard against his own prepossessions and pre-
judices—that his work is one merely of narra-

—

q AAS

=—_noe 2: @®

7 th
_z,

illy in ervor,

r will have
go into the

ng the Ame- |
‘e only inci- j

tive to a cer-
try, feeling
it afterwards
* Canada, a
uring its late
rovince, we

That part of |

ubsequently
little better
iter, as it is
ng faithfully
e occurred,
represented
>, or that in
ood, and in
le followed
” -was pros-

successful
g the fatal
e hereafter
pon which,
e, it finally
omplished.
of the task
at he has to
s and pre-
y of narra-

17

ts progress. 1760

————_—— to
Qddress of the General Congress to the Inhabitants of the 1774.
Province of Quebec.

Mae ricnds and Fellow-subjects,
We, the delegates of the colonies of New-Hampshire,
Massachusetts Bay, Rhode Island, and Providence Plan-
tions, Connecticut, New York, New-Jersey, Pennsyl-
ania, the counties of Newcastle, Kent and Sussex on the
Delaware, Maryland, Virginia, North-Carolina, and South-
arolina, deputed by the inhabitants of the said Colonies,
p represent them in a.general congress at Philadelphia, in
he province of Pennsylvania, to consult together of the
best methods to obtain redress of our afflicting grievances,
having accordingly assembled, and taken into our most seri-
bus consideration the state of public affairs on this conti-
pent, have thought proper to address your province, as a
member therein deeply interested.
| When the fortune of war, aftera gallant and glorious
esistance, had incorporated ‘you with the body of English
subjects, we rejoiced in the truly valuable addition, both on
our own and your account; expecting, as courage and
penerosity are naturally united, our brave enemies would
become our hearty friends, and that the Divine Being would
bless to you the dispensations of his over-ruling Providence,
by securing to you and your latest posterity the inestimable
advantages of a free English constitution of government,
Sawhich it is the privilege of all English subjects to enjoy.
These hopes were confirmed by the King’s proclamation,
jssued in the year 1763, plighting the public faith for your
full enjoyment of those advantages.

Little did we imagine that any succeeding ministers
vould so audaciously and cruelly abuse the royal authority,
fs to withhold from you the fruition of the irrevocable
rights, to which you were thus justly entitled.

But since we have lived to see the unexpected time,
vhen ministers of this flagitious temper have dared to vio-
ate the most sacred compacts and obligations, and as you,
| B2

on and not of creation, and that he must not chap.
yse sight of these important considerations in

3 2455 1S ee
amos Nak ala i, pent ac ee

——

Chap,

18

educated under another form of government, have artfully
been kept from discovering the unspeakable worth of that

“~~ form you are now undoubtedly entitled to, we esteem it our

1760
lo
1774,

duty, for the weighty reasons hereinafter mentioned, to
explain to you some of its most important branches.

** In every human society, (says the celebrated Marquis
Beccaria) there is an effort continually tending to confer on
one part the height of power and happiness, and to reduce
the other tothe extreme of weakness and misery. The
intent of good laws is to oppose this effort, and to diffuse

. their influence universally and equally.”

Rules stimulated by this pernicious ‘ effort,” and sub-
jects, animated by the just intent of opposing good laws
against it,’’ have occasioned that vast variety of events,
that fill the histories of so many nations. All these histo-
ries demonstrate the truth of this simple position, that to live
hy the will of one man, or set of men, is the production of
misery to all.

On the solid foundation of this principle, Englishmen
reared up the fabric of their constitution with such a
strength, as for ages to defy time, tyranny, treachery, inter-
nal and foreign wars: and as an illustrious authors of your
nation, hereafter mentioned, observes, ** They gave the
people of their colonies the form of their own govern-
ment, and this government carrying prosperity along
with it, they have grown great nations in the forests they
were sent to inhabit.”

in this form the first grand right is, that’of the people hav-
ing a share in their orn government, by their representa-
tives, chosen by themselves, and in consequence of being
ruled by laws which they themselves approve, not by edicts
of men over whom they have no controul. This-is a bul-
wark surrounding and defending their property, which by
their honest cares and labours they have acquired, so that
no portions of it can legally be taken from them, but with
their own full and free consent, when they in their judg-

-ment deem it just and necessary to give them for public

services ; and precisely direct the easiest, cheapest, and
most equal methods, in which they shall be collected.

* Montesquieu,

have artfully
worth of that
2 esteem it our
mentioned, to
1aches.
yrated Marquis
g to confer on
and to reduce
misery. The
and to diffuse

fort,” and sub-
jing good laws
ety of events,
ll these histo-
on, that to live
e production of

>» Englishmen

with such a
eachery, inter-
uthore of your
‘hey gave the

own govern-
psperity along
he forests they

e people hav-
ir representa-
hence of being

not by edicts
This is a bul-
y, which by
uired, so that
em, but with
n their judg-
m for public
heapest, and
lected.

19

people, they may retain it, until their grievances are re-
jressed ; and thus peaceably procure relief, without trust-
ng to despised petitions, or disturbing the public tranquillity.
‘The next great right is that of trial by jury. This pro-
ides, that neither life, liberty; nor property can be taken
rom the possessor, until twelve of his unexceptionable
ountrymen and peers, of his vicinage, who from their
neighbourhood may reasonably be supposed to be acquaint-
«i with ois character, and the characters of the witnesses,
upon a fair trial, and full enquiry, face to face, in open
court, before as many of the people as choose to attend,
shall pass their sentence upon oath against him; a sentence
that cannot injure him, without injuring their own reputa-
tion, and probably their interest also ; as the question may
turn on points that, in some degree, concern the general
welfare: and if it does not, their verdict may form a prece-
cent, that, ona similor trial of their own, may militate
against them.

Another right relates merely to the liberty of the person.
if a subject is seized and imprisoned, though by order of
sovernment, he may, by virtue of this right, immediately
obtain a writ, termed a Habeas Corpus, from a judge,whose
sworn duty it is to grant it, and thereupon procure any ille-
gal restraint, to be quickly enquired info and redressed.

A fourth right is, that of holding lands by the tenure of
easy rents, and not by rigoréus and oppressive services,

frequently forcing the possessors from their families “and

their business, to perform what ought to be done, in all

well regulated states, by men hired for the purpose.

The last right we shall mention, regards the freedom of the

press. The importance of this consists, besides the advance-
-ment of truth, science and morality, and arts in general, in
| its diffusion of liberal sentiments on the administration of
}government, its ready communication of thoughts between
; subjects, and its consequential promotion of union among

them, whereby oppressive officers are shamed ‘or intimi-
dated into more honourable and just modes of conducting
affairs.

These are the invaluable rights that form a considerable

‘The influence of this right extends still farther. If money Chap.
is wanted by rulers, who have in any manner oppressed the _ I.

Chap.
§

20

part of our mild system of government: that sending its
equitable energy through all ranks and classes of men, de-

\ev~ fends the poor from the rich, the weak from the powerful, the

1760
to
1774,

industrious from the rapacious, the peaceable from the vio-
lent, the tenants from the lords, and all from their superiors.

These are the rights, without which a people cannot be
free and happy, and under the protection and encouraging
influence of which, these colonies have hitherto so amaz-
ingly flourished and increased. These are the rights a prof-
ligate ministry are now striving, by force of arms, to ravish
from us, and which we are, with one mind, resolved never
to resign but with our lives.

These are the rights you are entitled to, and ought at this
moment in perfection to exercise. And what is offered to
you by the late act of parliament in their place? Liberty of
conscience in your religion? No. -God gave it to you; and
the temporal powers with which you have been and are von-
aected firmly stipulated for your enjoyment of it. If laws
divine and human, could secure it against the despotic capa-
cities of wicked men, it was secured before. Are the French
laws in civil cases restored? It seems so. But observe the
cautious kindness of the ministers who pretend to be your
benefactors. The words of the statute are, that those * laws
shall be the rule, until they shall be varied or altered by any
ordinances of the governor and council.” Is the “ certainty
and lenity of the criminal law of England, and its benefits
and advantages,”? commended in the said statute, and said
to ** have been sensibly felt by you,” secured to you and
vour descendants? No. They too are subject to arbitrary
‘¢ alterations” by the governor and counci: ; and a power is
expressly reserved of “ appointing such courts of criminal,
civil, and ecclesiastical jurisdiction, as shall be thought pro-
per.” Such is the precaripus tenure of mere will, by which
you hold your lives and religion.

The crown and its ministers are empowered, as far.as
they could be by parliament, to establish even the inquisition
itself among you. Have you an assembly composed of wor-
thy men eleeted by yourselves, and in whom you can con-
fide, to make laws for you, to watch over your welfare, and
to direct in what quantity, and in what manner your money
shall be taken from you? No. The power of making laws

at sending its
s of men, de-
: powerful, the
from the vio-
heir superiors.
ple cannot be
id encouraging
lerto so amaz-
- rights a prof-
rms, to ravish
resolved never

d ought at this
t is offered to
e? Liberty of
it to you; and
n and are von-
yf it. If laws
despotic capa-
ire the French
ut observe the
pnd to be your
t those * laws
altered by any
he * certainty
id its benefits
ute, and said
led to you and
t to arbitrary
d a power is

8 of criminal,
> thought pro-
vill, by which

ed, as far. as
e inquisition
osed of wor-
ou can con-
welfare, and
our money
naking laws

Bhas subjected you to the imposition of excise, the horror o

21

for you is lodged ia the governor and council, all of them des Chap.
§ pendent upon, and removeable at the pleasure of a minister. |.
-—Besides, another late statute, made without your consent, “~~

{ 1760
. 0
ill free states; they wresting your property from you by the j774,

‘most odious taxes, and laying open to insolent tax-gatber-

ers, houses the scenes of domestic peace and coinfort, and

Bcalled the castles of English subjects in the books of their

laws. And in the very act for altering your government,
and intended to flatter you, you are not authorised to * assess,

levy, or apply any rates and taxes, but for the inferior pur-

poses of making roads, and erecting and repairing public
buildings, or for other local conveniences, within your
respective towns and districts.’ Why this degrading dis-

Hinction? Ought not the property honestly acquired by Ca-

nadians to be held as sacred as that of Englishmen?
Have not Canadians sense enough to attend to any other

public affairs, than gathering stones from one place and pil-

ing them upin another? Unhappy people! who are not

jonly injured, but insulted. Nay more !—With such a super-
lative contempt of your understanding and spirit has an inso-
lent ministry presumed to think of you, our respectable fel-
low-subjects, according to the information we have received,

as firmly to persuade themselves that your gratitude, for the
injuries and insults they have recently offered to you, will
engage you to take up arms, and render yourselves the ridi-
cule and detestation of the world, by becoming tools, in

their hands, to assist them in taking that freedom from us,
@ which they have treacherously denied to you ; the unavoid-

able consequence of which attempt, if successful, would be
the extinction of all hopes of you or your posterity being
ever restored to freedom : for idiotcy itself cannot believe,
that, when their drudgery is performed, they will treat you
With Jess cruelty than they have us, who are of the same
blood with themselves.

What would your countryman,the immortal M ontesquieu,
have said to such a plan of domination, as has been framed

We yout Hear his words, with an-intenseness of thought

uited to the importance of the subject.—-‘* In a free state,
every man, who is supposed a free agent, ought to be con-
cerned in his own government ; therefore the legislative

22
a should reside in the whole body of the people, or their repre-
sentatives.” —“ The political liberty of the subject is a tran-

et ial

i769 (Ueliity of mind, arising from the opinion each person ha:

9 of his safety. In order to have this liberty, it is requisite

1774 the government be so constituted, that one man need not be
afraid of another. When the power of making laws, Bn
the power of executing them, are united in the same pei: |
son, orin the same body of magistrates, there can be no |
liberty ; because apprehensions may arise, lest the same
monarch or senate should enact tyrannical laws, to emecul:
them in a tyrannical manner.”

«© The power of judging should be exercised by persons
taken from the body of the people, at certain times of the
year, and pursuant to a form and manner prescribed by law.
There is no liberty, if the power of gudging be not separate |
from the legislative and executive powers.”

‘* Military men belong to a profession which may be
useful, but is often dangerous.”’-- The enjoyment of liberty,
and even its support and preservation, consists in. every |
man’s being allowed to speak his thoughts, and lay open his §
sentiments.”

Apply these decisive maxims, sanctioned by the authority
of a name which all Europe reveres, to your own State. |
You have a governor, it may be urged, vested with the eae- |
cutive powers, or the powers of administration. In him, |
and in your council, is lodged the power of making laws.
You have judges, who are to decide every cause affecting
your lives, liberty or property. Here is, indeed, an appear-
ance of the several powers being separated and distribute: j
into different hands, for checks one upon another, the only §
effectual mode ever invented by the wit of men, to promote
their freedom and prosperity. But scorning to be illuded by
a tinselled outside, and exerting the natural sagacity of
Frenchmen, examine the specious device, and you will find
it, touse an expression of Holy Writ, * a painted sepul-
chre,” for burying your lives, liberty and property.

Your judges, and your legzslative council, as it is called,
are dependent on your governor, and heis dependent on the
servant of the crown in Great Britain. The legislative,
executive, and judging powers are all moved by the nods
ofa minister. Privileges and immunities last no longer than

s
SS a = a Ss — Se

(EE, SSSR Sn ae ae ee Se ae SS a

SS

23

or their repre-
ject is a tran-
ich person has
it is requisite
in need not be
ing laws, BO |
the same per-
here can be no |
lest the same
ws, to evecul:

‘Such a treacherous ingenuity has been exerted in drawing

ning with a benevolent pretension, concludes with a des-
tructive:; and the substance of the whole, divested of its
smooth words, is—that the crown and its minister shall be
as absolute throughout your extended province, as the des-
yots of Asia and Africa. What can protect your property
from taxing edicts, and the rapacity of necessitous and cruel
masters? your persons from lettres de cachet, gaols, dun-
eons, and oppressive service ? your lives and general liberty
rom arbitrary and unfeeling rulers? We defy you, casting
your view upon every side, to discover a single circum-
stance, promising from any quarter the faintest hope of liber-
ty to you or your posterity, but from an entire adoption into
Hie union of these colonies. ;
_ What advice would the truly great man before mentioned,
Bhat advocate of freedom and humanity, give you,.was he
pow living, and knew that we, your numerous and powerful
seighbours, animated by a just love of our invaded rights,
nd united by the indissoluble bands of affection and interest,
balled upon you, by every obligation of regard for yourselves
nd your children, as we now do, to join-us in our righteous
ontest, to make a common cause with us therein, and to
ake a noble chance of emerging from a humiliating subjec-
fon under governors, intendants, and military tyrants, into
me firm rank and condition of English freemen, whose cus-
Dm it is, derived from their ancestors, to make those tremble
yho dare to think of making them miserable.
| Would noi this be the purport of his address? * Seize the
portunity presented to you by Providence itself. You have
pen conquered into liberty, if you act as you ought. This
ork isnot of man. You are a small people, compared to
ose who with open arms invite you into a fellowship. A
oment’s reflection should convince you which will be most
ir your interest and happiness, to have all the rest of North
merica vour unalterable friends, or your inveterate ene-
es. The injuries of Boston have roused and associated
ery colony, from Nova Scotia to Georgia. Your province
the only link that is wanting to complete the bright and
ong chain of union. Nature has joined your country to

sed by persons
in. times of the
scribed by law.
be not separate!

which may be
yment of liberty,
sists in. every

ind lay open his §

by the authority
rour own state. |
ed with the exe-
tion. In hin, |
{ making laws. §
r cause affecting
feed, an appear-
and distributed §
other, the only
men, to promote
to be illuded by
ral sagacity of
nd you will find
painted sepul- |
pperty.
, as it is called,
ependent on the
he legislative,
ed by the nods
t no longer than

his smiles. When he frowns, their feeble forms dissolve. Chap,

up the code lately offered you, that every sentence begin- —~

1760
to
1774.

Se

——

tone neeone — ~

Chap. theirs. Do you join your political interests. For. their own

sakes they never will desert or betray you. Be assured that

~~ the happiness of a people inevitably depends on their liberty,
une and their spirit to assert it. The value and extent of the |
1774, advantages tendered to you are immense. Heaven grant you

may not discover them to be blessings after they have‘ bid
you an eternal adieu. ;
We are too well acquainted with the liberality of senti-
ment distinguishing your nation, to imagine, that difference
of religion will prejudice you against a hearty amity with us.
You know, that the transcendent nature of treedom elevates |
those, who unite in the cause, above all such low-minded
infirmities. The Swiss Cantons furnish a memorable proof
of this truth, Their union is composed of Catholic and Pro. }
testant states, living in the utmost concord and -peace with
one another, and thereby enabled, ever since they bravely
vindicated their freedom, to defy and defeat every tyrent
that has invaded them. |
Should there be any among you, as there generally are in
all societies, who prefer the favours of ministers, and thei:
own interests, to the welfare of their country ; the temper of
such selfish persons will render them incredibly active in

opposing all public-spirited measures, from an expectation off .

being well rewarded for their sordid industry by their supe:
riors: but we doubt not you will be upon your guard against
such men, and not sacrifice the liberty and happiness o/
the whole Canadian people and their posterity, to gratify ‘he
avarice and ambition of individuals.

We do net ask you, by this address, to commence hosti.
lities against the government of our common sovereign. Wil
only invite you to consult your own glory and welfare, anil
not to suffer yourselves to be inveigled or intimidated by
infamous ministers so far as to become the instruments im
their cruelty and despotism, but to unite with us in on
social compact, formed on the generous principles of equi
liberty, and cemented by such an exchange of beneficial ang
endearing offices as to render it perpetual. In order to co
plete this highly desirable union, we submit it to your co
sideration, whether it may not be expedient for you to me
together in your several towns and districts, and elect dep
ties, who after meeting in a provincial congress, may chu

For. their own
Be aasured that
on their liberty,
1 extent of the

eaven grant you §
r they haverbid §

erality of senti-
, that difference
y amity with us. |
reedom elevates
uch low-minded
memorable proof
Jatholic and Pro-}
and -peace wit)
ice they bravely
eat every tyrent

_ generally are in
nisters, and their
y 3 the temper of
redibly active in
an expectation of
y by their supe
four guard against
nd happiness oi
rity, to gratify ‘he

commence host:

n sovereign. Wilt
and welfare, anuj

rr intimidated }y

e instruments (i

with us in ott
inciples of equi

of beneficial ang

In order to co
t it to your co
t for you to met
8, and elect dep
gress, may chu

25

delegates, to represent your province in the continental con- Chap

s gress,to be held at Philadelphia,on the tenth day of May,1775. I.

In this present congress, beginning on the fifth of lastwe—
month, and continued to this day, it has been with universal 1760

‘pleasure, and an unanimous vote, resolved, that we should ,."°

consider the violation of your righis, by the act for altering uEMm

the government of your province, as a violation of our own ;
and that you should be invited to accede to our confederae

tion, which has no other objects than the perfect security of
@ the natural and civil rights of all the constituent members
according to their respective circumstances, and the preser-

vation of a happy and lasting connection with Great Britain,

lon the salutary and constitutional principles herein before

mentioned. For effecting these purposes, we have address-
ed an humbie and loyal petition to his Majesty, praying

B relief of our grievances ; and have associated to stop all im-
portation from Great Britain and Ireland, after the first day
™ of December, and all exportation to those kingdoms and the

West Indies, after the tenth day of next September, unless

‘the said grievances are redressed.

That Almighty God may incline your minds to approve

-our equitable and necessary measures, to add yourselves to
pus, to pe’ your fate, whenever you suffer injuries which you
Fare determined to oppose, not on the small influence of your
single province, but on the consolidated powers of North
America, and may grant to our joint exertions an event as
| happy as our Cause is just, is the fervent prayer of us your
} sincere and affectionate friends and fellow-subjects. :

By order of the Congress,
Oct 26, 1774. Henry Mippteton, Presdt.

The above document fell to the ground, still-

Pborn as it were, not one habitant of a thousand

in Canada, ever having heard of it. There was,
indeed, but one press, and that an English one,

fin the Province at the time, and it was introduc-

ed subsequently (there being none previous) to
the conquest, for the publication of the Quebec
Gazette, first issued in 1764.

c

CHAPTER I.

Extracts from the Reports of Mr. Solicitor General Wed- j
derburne, (ia 1772) and Mr. Attorney General Thurlow, |
(in 1773) to His Majesty George the Third, pursuant to |
His Majewty’s Order in Council, relative to the Laws and |
Courts of Jndicatzze of Quebec, and Government of tha:
Province—remarkable for their liberality towards the
King’ 8 new subjects—their soundness and justice.

“nap Iv is but fair to apprise the reader that the |

—~ present is a chapter wholly of “ quotations,”

1760 but from unquestionable sources, rich and ad-

1774, mirable in their way, and which he who would
like a more ample sketch of the affairs of |
Canada, previous to the passing of the Quebec |
Act, than that we have just gone through pre- §
sents, had as well read. It will afford him not §
only a better insight into the then actual state |
of the country, its laws and institutions, but |
also of the just and liberal policy that influen- |
ced the statesmen of the day in the passing off
that important measure. They also who opine |
that ignorance of and indifference to the con-
cerns of Canada have iavariably characterised Gi, .;
the home government, and who will neither give §
eredit to it for, nor recognise in British states- }
men, of whatsoever denomination, intellizence, §
generosity nor justice in their treatment of this
country, that is, of Lower Canada, and par-
ticularly towards that part of its. population of
French origin, may, if they are for the moment}

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1
}
t
]
+]
|
i
'
{

Y

General Wed- ;
neral Thurlow, |
d, pursuant to |
» the Laws and |
rnment of tha: |
y towards the |
justice.

der that the |
quotations,” |
rich and ad-
» who would
e affairs of}
the Quebec |
hrough pre- |
ford him not §
actual state
tutions, but
hat influen- |
e passing of}
> who opine |
to the con-|

itish states: |

nent of this!
ny and par-
ppulation of |
he moment |

aracterised
neither give §

ntellizence, §

27

either case the reader’s time will not be lost. "-
A mor«, faithful picture need not be sought 77,,
of the State sof Canada, than that we find in the to
reports to His Maiesty of Mr. Attorney General '’”*
Thurlow, ‘and the Solicitor General Wedder-
burne, the former dated 22d January 1773,
and the latt 6th December 1772, in conse-
quen 2 cf rc‘erences to them by order of the

‘King in Council.—They were directed by His
Majesty’s orders of 14th June 1771, and 31st

July 1772, “ to take into consideration several
“reports and papers relative to the laws and
« courts of judicature of Quebec, and to the
“ present defective mode of government in that
«‘ Province, and to prepare a plan of civil and
‘criminal law for the said Province, and to

=** make their several reports thereon.” It was

most probably in accordance with the views of
these gentlemen upon the matters referred to
them, concurred in by Mr. Marriott’s report
of 1778, already familiar to those conversant
with the Canadian history of that period, that

the Quebec Act of 1774 was framed, and

whether enlightened and liberal, the reader
will determine.

From these reports, not hitherto pulished,
et least no. in any work that has fallen under

Bthe observation of the writer of this narrative,

the following extracts are deserving of especial
notice. “ I have taken (says the Solicitor
General Wedderburne, whose report in point
of date precedes the Attorney General’s, and

liberally disposed. peruse it to advantage. = In Chay,

ee

iti

28

Chap. we therefore take it first,) the same (the sub-
Hi ll. jects referred to him) into consideration, and
| “Tyo in the course of my reflections upon the sub-
i to ject, I have found myself led into a discussion

NVI
Wi] a4

‘of the form of government, and of the re]'gion

of the Province, which must necessarily aave
great influence upon the plan of civil and cri-
minal law proper to be adopted there. I have,
therefore, presumed to form some ideas upon
both those heads as necessarily connected with |
the more immediate object of reference, and |
humbly to submit the result of my observ:tions
upon so important and so difficult a subject,
under the following heads :—

First—The Government of the Province. |

Secondly—The Religion of the Inhabitants. |

Thirdly—The Civil and Criminal Laws. |

Fourthly—The Judicatures necessary to iM a
carry those laws into execution. | B

‘¢ Canada is aconquered country. The capi- 3am ju
tulations secured the temporary enjoyment of HM ai
certain rights, and the treaty of peace. contain- Hy p
ed no reservation in favor of the inhabitants, # th
except a very vague one as to the exercise of Ja ti
religion. Can it therefore be said that, by Ho!
right of conquest, the conqueror may imp>se MND!
such laws as he pleases? This proposition ith

has been’ maintained by some lawyers who |
have not distinguished between force and right. —
Itis certainly in the power of a conqueror to |
dispose of those he has subdued, at discretion, ©
aud when the captivity of the vanquished was |
the consequence of victory the proposition |

! (the sub-
ation, and
1 the sub-
discussion
1e rel'gion
arily aave
il and cri-
o. I have,
deas upon
ected with
ence, and

yservitions |

a subject,

rovince.

inhabitants. |

Laws.

essary to |

habitants,
xercise of

liscretion,

shed was |
Oposition §

The capi- |
joyment of |
e.contain- |

1 that, by |
ay imp 7se |
roposition |
yers who |
and right.
queror to |

‘till the treaty of peace.
of the province, a military government took
‘place, and the change was not very sensible to
the inhabitants.

29

might be tre; but in more civilized times,
when the object of war is dominion, when sub-
jects and not'slaves are the fruits of victory, no
other right can be founded on conquest but
that of regulating the political and civil govern-
ment of the country, leaving to the individuals
the enjoyment of their property, and of all pri-
vileges not inconsistent with the security of the
conquest.

« The poltucal government of Canada, be-
fore the conquest, was very simple; for, what-
ever appearance of re larity of controul and
limitation the Arréts and Commission present,

all power, in fact, resided in the Governor and

the Intendant. The Superior Council was
generally at their devotion. They had the

command of all the troops, of all the revenues,
and of all the trade of the country. “ They had

also the power of granting land; and in con-
junction with the bishop, they had so superior

an interest at the Court of France, that no com-
plant against their conduct was dangerous to

their authority. This was the state of Canada
Upon the reduction

| “ After the treaty of peace, a government
succeeded which was neither. military or civil,
sand it is not surprising that the Canadians
should have often expressed a desire to return
to a pure military government, which they had
found to be less oppressive.. Such a govern-

¢2

Chap.
IT,
te Mell

1760
to
1774.

Chap.
Il.

30

ment, however, is not formed for @uration, and

—~ in a settlement which is to become British,

'760 could not be endured beyond the limite of a

1774.

garrison.

“ The first consideration, in forming the po-
litical constitution of a country is, in what man-
ner the power of making laws shall ‘be’ exer-
cised. If it were possible to provide every
necessary regulation for a distant province, by
orders from England, it might, perhaps; be the
most eligible measure to reserve that’ authority
entirely to the British legislature. But. there
must be many local interests of police, of com-
merce, and of political economy, which require
the interposition of a legislative power, ac-
quainted with the affairs, and immediately inte-

_ rested in the prosperity of a colony. In all the

British colonies, that legislative power has been

entrusted to an Assembly, in analogy to the
h

constitution of the mother country. e most
obvious method would then be, to pursue the
same idea in Canada; but the situation of that
country is peculiar. The Assembly must either
be composed of british subjects, or of british
and Canadians.

‘¢ In the first case, the native Canadian would

feel the inequality of his situation, and think &

(perhaps truly) that he should be exposed to
the oppression of his fellow-subjects. .

“To admit the Canadian to a place in that q
Assembly (a right, which, from the nature of a

conquest he has no absolute title to expect,)
would be a dangerous experiment with new

ion, and
British,
mits of a

g the po-
‘hat man-
be exer-
de every
vince, by
s; be the
authority
3ut there
>, of com-
h require
ywer, ac-
itely inte-
In all the
has been

‘he most
ursue the
on of that
st either
of british

and think
posed to

expect, )
ith new

ry to the |

an would ’

e in that J
ture of a

31

subjects, who should be taught to obey as well chap.
as to love.this country, and, if possible, to che- !

rish their dependence upon it. Besides, it 4745
would be an inexhaustible source of dissension to’
and opposition between them, and the British —_

subjects. It would be no less difficult to define
the persons who should have a right to elect
the Assembly.—To exclude the Canadian sub-
ject would be impossible, for an Assembly cho-
sen only by the British inhabitants, could no
more be called a representative body of that
colony, tha a council of state is. ‘To admit
every Canadian proprietor of land would be
disgusting and injurious to all the men of con-
dition in the Province, who are accustomed to
feel a very considerable difference between the
seignior ‘and the censier, though both are alike
proprietors of land. Nor would it be beneficial
to men of inferior rank ; for every mode of rais-
ing them to the level of their superiors, except
by the efforts of their own industry, is perni-
cious. It seems, therefore, totally inexpedient
at present to form an Assembly in Canada.
The power to make laws could not with safety
be entrusted to the Governor alone; it must,
therefore, be vested in a Council consisting of
a certain number of persons, not totally depen-

™ lent upon the Governor.

“ The Chief Justice, the Attorney General,

| the J udge of the Vice Admiralty, the Collector

of the revenue, and the Receiver General, (if
these officers were obliged, as they ought, to
reside there,) should hold a seat by virtue of

.
le ee gen ae ag Ae, tad op yg
= asian eS Pie we

SpRhchn, TAO EE

7 =i g

=

— —_ ~~ i
cS SS a er

32

Chap. their office; the other members to be nomi-
. nated by your Majesty, and to be removed only
‘T760 DY your royal orders.

“ As power lodged in few hands is some-

‘ times liable to be abused, and always subject

to suspicion, some controul to this authority is
necessary. The first is, the establishment of a
general system of laws for the colony. The
second is, that in matters of taxation, in those
which affect life, and in those which import an
alteration of the established laws, no ordinance
of the Council should have effect till it is con-
firmed in Great Britain. The ¢hird is, that it
should not be in their power at all times to act
as a legislative body; but that, their session
should be confined to the period of six weeks
previous to the opening of the navigation to
Britain, and at no other time should they be
assembled in that capacity, except upon some
urgent occasion.

“ Under these restraints, it seems reasonable
that the power of making laws should be en-
trusted, for a limited number of years, to this
Council, who will be enabled, from their know-
ledge of local circumstances, to form the neces-
sary detail for executing the plan of laws to be
transmitted to them, the regulations for the

olice of the country, for the administration of
justice, for the collection of the revenue, and
the improvement of trade and agriculture ; and
being bound down by certain rules upon the
great objects of legislation, and subject to
the constant inspection of government, they

» nomi-
ed only

some-
subject
lority is
ent of a
ry The
in those
port an
dinance
Lis con-
, that it
2s to act

session
x weeks
ation to
they be
bn some

sonable
be en-
to this
r kiiow-
neces-
s to be
for the
ation of
re, and
e; and
on the
ect to
, they

33

will be sufficiently restrained from abusing the¢

power committed to them.

« Ag the immediate power of taxation is not 774,
intrusted to this Council, it is necessary that ie
a revenue should be provided under the autho-

rity of an Act of Parliament, for which no bet-
ter plan can be formed than that which has
already been proposed to the Commissioners
of your Majesty’s Treasury, for raising a fund
io defray the expenses of government in the
Province of Quebec, by a tax upon spirituous
liquors.

“ The religion of Canada is a very important
part of its political constitution. The 4th arti-

cle of the treaty of Paris, grants the liberty of
the Catholic religion to the inhabitants of Ca- -

nada, and provides that His Britannic Majesty
should give orders that the catholic subjects
may profess the worship of their religion ac-
cording to the rites of the Romish church, as
far as the laws of England will permit. This
qualification renders the article of so little
effect, from the severity with which (theugh
seldom exerted) the laws of England are arm-

ed against the exercise of the Romish religion, |

that the Canadian must depend more upon the

| benignity and the wisdom of Your Majesty’s
| government for the protection of his religious

rights than upon the provisions of the treaty,

; and it may be considered as an open question,

what degree of indulgence true policy will per-
mit to the catholic’ subject,
“The safety of the state can be the only

i aiceliees covtpmp anata mata ip tins pete - ~

=
Sls a

Gee ee Nae
sae Pers

34

Chap. Just motive for imposing any restraint upon men
on account of their religious tenets. The prin-
i769 Ciple is just, but it has seldom been justly ap-
2, plied 5 for experience demonstrates that the
‘public safety has been often endangered by
those restraints, and there is no instance Of
any state that has been overturned by tolera-
tion. ‘True policy dictates then that the inha-
bitants of Canada should be permite? freely to
profess the worship of their religion; and it
follows of course, that the ministers of that
worship should be protected and a mainte-
nance secured for them.

‘“‘ Beyond this the people of Canada have no
claim in regard to their religion, either upon
the justice or the humanity of the crown ; and
every part of the temporal establishment of the
church in Canada, inconsistent with the sove-
reignty of the king, or the political government
established in the province may justly be
abolished.

“ The exercise of any ecclesiastical juris-
diction under powers derived from the see of
Rome, is not only contrary to the positive

_ laws of England, but is contrary to the princi-
ples of government, for it is an invasion of the
sovereignty of the king, whose supremacy
must extend over all his dominions, nor can
his Majesty by any act divest himself of it.

“ The establishment of the Jesuits and of:

the other religious orders, as corporations hold-
ing peerer) and jurisdiction, is also repugnant
to the political constitution, which Canada

on men
he prin-
stly ap-
hat the
ared by
ance ‘Of
tolera-
e inha-
freely to
; and it
of that
‘mainte-

have no
ler upon
wn; and
nt of the
ne sove-
ernment

stly be

al juris-
e see of
positive
p princi-
n of the
premacy
nor can
f it.

ns hold-
pugnant

and of |

| nor’s license should in every case be the title

Canada

39

must receive asa part’ of the British dominions. chap.
«“ The peint then, to which all regulations ™
on the head of religion ought to be directed is, 4760
to secure,the people the exercise of their wor- to
. . 1774.
ship, and.to the crown a due controul over the

clea rai
« The irst -equires that there should be a
declaration that all the subjects in Canada may
freely profess their religion without being dis-
turbcd. in the exercise of the same, or subject
to any penalties on account thereof, and also
that there should be a proper establishment of
parochial .clergymen to perform the offices of
religion.

« The present situation of the clergy in Ca-

| nada, is very fortunate for establishing the

power of the crown over the church. It is
stated in the reports trom your Majesty’s offi-

| cers in Canada, that very few have a fixed right

in their benefices, but that they are generally
kept in a state of dependence which they dis-

| like, upon the person who takes upon him to

act as bishop, who, to preserve his own autho-
rity, Only appoints temporary Vic i's to offici-
ate in the several benefices.

“It would be proper, therefore, to give the
parochial clergy a legal right to their benefices.
All presentations either belonging to lay pas-

tors or to the crown, and the right in both

ought to be immediately exercised with due
regard tothe inclinations of the parishioners
in the appointment of a priest. The gover-

36

Chap. to the benefice, and the judgment of th. tem-
ihc courts the only mode of taking it: away.
1760

to
1774

<..

his regulation would, in the presént'r “ment,
attach the parochial clergy tc. the ‘int>rests of
government, exclude those of* f>reign priests,
who are now preferred to the Canc. ,ans, and
retain the clergy in a proper depe: dence on
the crown. It is necessary, in order to keep
up a succession of priests, that there should be
some person appointed whose religious cha-
racter enables him to confer orders, and also to
give dispensations for marriages ; but this func-
tion should not extend to the exercise of a
jurisdiction over the people or the clergy ; and
it might be no difficult matter to make up to
him for the loss of his authority, by emoluments
held at the pleasure of the government.

« The maintenance of the clergy of Canada
was provided for by the payment of one thir-
teenth* part of the fruits of the earth in the
name of tythe, and this payment was enforced
by the Spiritual Court. It is just that the same
provision should continue, and that a remedy
for the recovery of it should be given in the
temporal courts; but the case may happen
that the land-owner is a protestant, and it may
be doubted whether it would be fit to oblige
him to pay tythes to a catholic priest.

« It has been proposed that all tythes should
be collected by the Receiver General of the
Province, and appropriated as a fund to be dis-
tributed by government for the stipends of the

* Error--one twenty--sixth was the tythe by law allowed.

the f

ae!

hr tem-
1. away.
‘ oment,
rests of
priests,
ans, and
lence on
to keep
n0uld be
us cha-
d also to
his func-
cise of a
‘gy ; and
ke up to
oluments
t.
Canada
one thir-
h in the
enforced
he same
remedy
n in the
happen
d it may
D oblige

s should
1 of the
o be dis-
s of the

37

to the clergy is paid with reluctance, and the
government, by undertaking the collection of it,
would lose more in the affections of its subjects

| than it would gain by the additional dependence

of the clergy,—Secondiy--by thus be'ng brought
into one fund, the catholic subject will be made
to contribute to the support of the protestant
clergy, which he may think a grievance.

“ There is less objection, however, to re-
quire the protestant inhabitant to pay his tythe
to the receiver general, allowing him, at the
same time, to compound for less than the full
sum; though I should not deem it expedient

to reduce the rate by any positive law.

« The increase of that fund will be a proof
of the increase of the protestant inhabitants,

| and it will afford the means of providing for the

protestant clergy, whose functions will then
become necessary. In the mean time, it may
be sufficient to appoint that a protestant cler-
gyman shall be nominated. to any parish in
which a majority of the inhabitants require it.

“ In regard to the monastic orders, it will be
fit to secularise them entirely, but so great a
change ought not to be made at once. Ii is
proper to see how many of them may take
benefices, from which they are not excluded by
the foregoing provisions.

“The Jesuits, however, and the religious
D

clergy, out of which a certain proportion may Chap.
be reserved for the support of protestant
preachers. This measure, I humbly conceive to 1760
be liable to two objections,—First—tythe even 4774,

Chap» houses in France, which have estates in Cana-
~~ da, are upon a different footing from the others.
1760 ‘The establishment of the first is not only in-
1774, compatible with the constitution of an Eng-

33

lish province, but with every other possible
form of civil society. By the rule of their order
the jesuits are aliens in every government.
Other monastic orders may be tolerated, be-

, cause, though they are not useful subjects, still

they are subjects, and make‘a part of the com-

munity ill employed. The jesuits form no part of |
thecommunity. They, according to their insti- 3
tution neither allow allegiance nor obedience @
to the prince, but to a foreign power. They are |

not owners of their estates, but trustees for
purposes dependent upon the pleasure of a
foreigner, the general of their order. Three
great catholic states* have,upon grounds of poli-
cy, expelled them. It would be singular, if the
first protestant state in Europe should protect an
establishment that ere now must have ceased in
Canada, had the French government continued.

‘* Uncertain of their tenure in Canada, the
jesuits have hitherto remained very quiet, but
should the establishment be tolerated there,
they would soon take the ascendant of-all the
other priests ; the education of the canadians
would be entirely in their hands, and averse as

they may be at present to France, it exceeds }

any measure of credulity to suppose that they |

would ever become truly and. systematically
friends to Britain.

* Portugal, Spain, and France. ‘

its
Sa
n

the

pa
pal
dia
ous
tha
vol
pri
be ¢
die
pyin

term

| the
duce
m of C
| But.

tions

| giver
/ an al
§ diate

een

* Th
allowed
with th

} last of t]

t Thi

In 1832.

OW ap

1 Cana-
others.
nly in-
in Eng-
possible
ir order
rnment.
ted, be-
cts, still
he com-

10 part of §

eir insti-
yedience

Chey are |
tees for
ure of a |
Three
s of poli-
ar, if the
rotect an
eased in
pntinued.
ada, the
iet, but
d there,
pf-all the
anadians /
verse a5
exceeds §
hat they
natically

aa

39

« It is therefore equally just and expedient in ¢
this instance, to assert the sovereignty of the 1.
king, and to declare that the lands of the jesu- —~

hap.

its are vested in his Majesty, allowing, at the 1
same time, to the jesuits now residing in Ca- 1774.

nada, liberal pensions out of the incomes of
their estates.* "

« The information to be collected from the
papers transmitted with the reference, is not
particular enough to be the ground of an imme-
diate law as to the property claimed by religi-
ous societies in France. The principle is clear,
that every trust for their use, is void and de-
volves to the crown. But in applying that
principle, the circumstances of each case must
be considered, and, in general, it seems expe-
dient to confirm all the titles of persons occu-
pying lands under their grants; to make the

| terms of payment to the crown easier than to

the former proprietors, and to apply the pro-

3 duce for the purposes of educating the youth
m of Canada, which deserves particular attention.
| But this subject is more fit for gradual regula-

tions, pursuant to the instructions that may be

| given to your Majesty’s governor, than to form
an article ina general plan of laws to be imme-
_ diately carried into execution.t+

ee

* The Government. dealt most liberally with them. They were
allowed to die out before it took possession of the estates or interfered
with them, which was not till after the death of Father Casot, the
last of the order, in 1800.

+ This has been done by an act of the legislature of Lower Canada,
in 1832, and the revenues from the jesuits’ estates, accordingly, are
ow applicable to purposes of education only.

40

« The convents in Canada do not fall under
the same rule as the monasteries. ‘They are not

1769 much connected with the political constitution.

to
1774.

They may, for atime, be necessary for the
convenience and honor of families—perhaps it
may be expedient always to retain some such
communities there, for tha honorable retreat of
unmarried women. Certainly it would be in-
expedient and cruel to dissolve them by any
immediate law. No such change is essential
to the political constitution, and. whenever it
becomes so, the remedy is easy, and the sub-
jects will then receive it as a favor from the
crown. 4 |
‘‘ The political and religious constitution of
the province of Quebec being established, the
next matter of inquiry is, what pian of civil and
criminal law is best adapted. to the circum-
stances of the province ? and this is not altoge-
ther an open question ; for, Canada is not in the
condition of a new settled country, where the

invention of a legislator may exercise itself in

forming systems.

-men attached to their own customs, which are

become a part of their nature. It has, of late,
acquired some inhabitants superior in power,
but much inferior in number, to its ancient inha-
bitants, equally attached to different usages.
The prejudices of neither of these classes of

men can be entirely disregarded; in policy,

however, more attention is due to the native
Canadian than the British emigrant, not only
because that class is the most numerous; but

It has been long inhabited by - |

Off Qos =.

under
re not
bution.
yr the
raps it
e such
reat of
be in-
by any
sential
ever it
1e sub-
om the

ation of
ed, the
ivil and
ircum-
altoge-
tin the
ere the
tself in

ich are
of late,
power,
t inha-
sages.
sses of
policy,
native
ot only
BS but

ited by” |

eal .

a

41

because it is not the interest of Britain that Chap.

many of her natives should settle there.* The
Canadian also has a claim in justice to the en-
joyment of as much of his ancient laws regard-
ing private rights, as is not inconsistent with
the prineiples of the new government; for, as
his property is secured to him, the laws which
define, create, and modify it, must also be re-
tained, ‘otherwise his ‘property is reduced to
the meré possession of what he can personally
enjoy. ©

* * * * * * * & Tt should also be provided
that any Canadian subject of the age of twenty

Il.

aw
1760

to
1774.

five, who is unmarried and without children, .

holding land immediately of the crown, may
convert his tenure into a soccage holding, by
which he shall have the power of devising the
whole, and that the purchaser of land held of
the king, may convert the tenure into soccage

_at his pleasure, and it shall then be held and

enjoyed as by the law of England.t

* It is now; (1847) however, different, and the policy is as it no

' doubt.also is the interest, of the home government, to encourage a

loyal, hale and industrious emigration thence to her splendid North
American Empire.

t This, however, was not provided for by the statute of 1774, nor
was any provision made on the subject, either by the Legislative
Couneil erected under it, for the province of Quebec, nor subsequently
by the Parliament of Lower Canada, averse, it would seem, to a
change of tenure as a policy prejudicial to the influence prevailing in
this body, which the influx of British emigrants and British capital.
would be of a tendency to disturb, and at length, subvert. The feodal
thraldom was consequently cherished, as one means of checking the
apprehended evil, for as such the growth of the British population and
interests in Lower Canada have been viewed. by many of their fellow
subjects of French origin, particularly while the dream of “ national-
ité,”? with which, for a time, they amused themselves, prevailed. A
provision authorising a change of land tenures in Canada, into free

Dp 2

42

Chap, * * * * # * © 6 The criminal law of Eng- if
f .. land, superior as it js to all others, is not, how- I;
i7s0 eVer, without imperfections; nor is it, in the }
22, whole extent of its provisions, adapted to the
'’ situation of Canada. It would be improper to
iransfer to that country all the statutes creat-
ing new offences on temporary or /ocal circum- |
stances.
* * * * “It is recommended by the gover-
nor, the chief justice, and the attorney gene-
ral, in their report, to extend the provisions of
the Habeas Corpus act to Canada. The in-
habitants will, of course, be intitled to the
benefit of the writ of Habeas Corpus at common
law, but it may be proper to be better assured
of their fidelity and attachment, before the pro-
visions of the statute are extended to that

country. , wi

‘« The form of civil government for the pro- RS
vince, as it now consists in the distribution of the
judicial attthority, is the most difficult and the pe

most important part of the plan, for, without an
easy and exact execution, laws are of very 8
little use to society. |

“The several opinions’ reported to your i
and common soceage was at last made by Act (3 Geo. [V.ch. 119) of f
the Imperial Parliament, known as the Canada trade act, but little alte
progress has hitherto (1847) been made, in the commutation, owing
io the difficulty, expense, and delay incidental to the process of com- (| ue
muting, as adopted by the Executive of the province, and which it con
rests with it to redress, if only it will.—P. S. Since the above note was “
put together, the legislature has been in session, and among a varietyof bus
Bills passed by it, there is one for facilitating the process of commu- | lish
tation. This, however, the Governor General, Lord Elgin, has been IS
advised to reserve for the royal consideration, the result of which bus

remains to be seen.

Eng-
how-
in the
‘o the
er to
creat-
rcum-

rover-
gene-
ons of
he in-
to the
mmon
ssured
e pro-
¥ hee

@ pro-
ion of
d the
ut an
very

your

119) of
ut little
, owing
of com-
hich it
hote Was
ariety of
ommu-
has been
whieh

43

in the remedies proposed.

; nee 74.
“Tt is their opinion that the expense and “’

delay of proceeding are at present very griev-
ous, and they seem to think that the division
of the province into three districts, and the
establishment of courts of justice in each, asin
the time of the French government, would
afford some remedy to this evil.

“ To diminish the expense of law suits, too
great already: for the poverty of the country, bv
adding to the number of persons who are to be
maintained by the law, is at least a doubtful
proposition.

“It is necessary, therefore, to consider
whether other causes besides the want of pro-
per judicatures, may have concurred to produce
the grievance of which the Canadians com-
plain, and whether other expedients, besides
an increase of places and expense, may not, in
part, remove it. The uncertainty of the law of
the province must have been one principal
cause of the expense of suits. That evil will,
in time, be removed.

“ The change of property, together with the
alteration of the course of commerce conse-
quential upon the conquest, producing new
contracts in new forms, created a great deal of
business for which there would be no estab-
lished fees, and the ignorant execution of that
business opened a new source of litigation.

Majesty, by the governor, the chief justice and Chap.
the attorney general, concur in the causes of |!
the complaints upon this head, and differ little 476)

to

44

chap. The same thing has happened in the other set-
ll. tlements, where, for a certain time, the gains of
1769 tnose who teok upon themselves to act as law-

to

1774

yers, and of course the expense to the other
inhabitants, of jaw proceedings, has been very
great. But this evil is also temporary. With-
out disputing the reality of the grievance, one
may 5 * ta that it is a little exaggerated, for
all the I'rench lawyers who remained in Cana-
da, were interested to magnify it. They par-
took of the profits arising from its continuance,
and their profits were increased by exciting
the complaints.

*¢ T cannot conceive that this grievance would
be removed by adopting the French judicature,
for if one can trust the accounts given by them-
selves, the expense and the delay of law suits,
are in France a most intolerable evil.

** * * * * « The Canadians, it is said,
complain, and not without reason, of the arrest
and imprisonment in civil cases. There could
be no objection to confine that.severe proceed-
ing to the cases in which they are accustomed
to it. These are stated to be actions upon bills
of exchange, debts of a commercial nature, and
other liquidated demands, by which probably is
to be understood actions upon bond and other
instruments, where the sum demanded is cer-
tain. In other cases, the arrest upon mesne
process, which is only used to compel appear-
ance or answer, may be abolished, and in lieu
of it the plaintiff might be allowed, after due
summons, to enter an appearance for the

~

adop

them

or set-
‘ins of
3 law-
other
. ver

With.
, one
d, for
Cana-
y par-
jance,
citing

would
ature,
them-

suits,

said,
arrest
could
ceed-
omed
bills
P, and
bly is
other
s cer-
esne
pear-
lieu
due

the

45

defendant, and if more was required than a Chop,
mere appearance, the constitution of the court.

is very well calculated to adopt the process of 7345
sequestration, which has already prevailed an

under the French government.

“The execution against the person of the
debtor, after judgment, may also be laid aside,
and, indeed, in an increasing colony it is very
impolitic, and a very cruel’ proceeding.* An
effectual and speedy process against the goods
and estate would, in most cases, answer the
ends of justice much better.

*** * * * 6 Ag the affairs of the colony
require avery particular attention, and some
regard must there be had to political considera-
tions, it might be proper to attribute the cogni-
zance of all questions concerning the rights of
the clergy, the profits of benefices, and the pre-
sentation to them, to the council, with an ap-
peal to England; and all the most material
questions of police might, perhaps, be also
subjected to their jurisdiction.”

The liberal spirit which pervades the above,
renders co: ment uanecessary. None who
read can misunderstand it. Such, then, were
the enlightened views in which the act of
1774, conferring, for the first time a constitu-
tion and civil government, on the recently

ot eee

* The barbarous power formerly given to the creditor, of immur-

. ing his debtor as.a criminal, is falling into disuse, and is now, it is be-

lieved, repudiated or qualified, in most civilised fountries. It is plea-
sant to see that the views of our lawyers and statesmen of that day were
such as we here find them,—equally humane and just,—as in their
adoption, by our local Legislatures, time and experience have proven
them to be,

®

Il,

to
1774,

Chap.

46

acquired French territory in North America,
constituting the province of Quebec, was

1769 conceived ; and such also, it is not too much
to say, have uniformly been those of the Im- >

perial authorities, and of British statesmen
towards Canada, notwithstanding the diver-
gencies of portions of its population from the
course which, for their own, no less than for the
interests of the empire, it were desirable had
been avoided.

“ Canada,”—observes Mr. Attorney General
Thurlow,—* had been holden by the French
king, in the form of a province, upwards
of two hundred years; and considerably
ay. near one hundred and fifty years,

y the establishment of a trading company,
with great privileges and extensive juris-
dictions, seconded by the zeal of the age,
to propagate the gospel in foreign parts.—
Parishes, convents of men and women, semi-
naries, and even a bishoprick were established
there. The supreme power, however, remain-
ed with the king, and was exercised by his
governor and lieutenant-general with the assist-
ance of acouncil. About one hundred years
ago, Louis the fourteenth resumed the country,
and gave it the constitution which was found at
the conquest. |

“ He gave them a body of laws, namely, those
of the Prévoté, and Vicompté de Paris. The
sovereign power remained with the king. But
because the immense distance made it impos-
sible to provide them with local regulations so

47

gave them a council, with authority to order

the expenditure of public money, trade with >

the savages, and all the affairs of police, to
appoint courts and judges at Quebec, Trois
Riviéres and Montreal, and to be judges them-
selves in the last resort.

‘This council consisted of the governor,
representing the king’s person ; and the bishop
and five notable inhabitants, named by the two
first. To this establishment ina fev. years

were added two more councillors, all seven.

speedily as the occasion might demand, he chap,

.

1760
to
1774.

named by the king ; and an intendant of justice, -

police and revenue, who held the third piace
in council, and acted as president, collecting
voices, &c., and who had, by a separate com-
mission,very large power, particularly in polices
wherein he could, if he thought fit, make laws
without the council; and in the ordering of the
revenue, in which he was absolute ; and judge
without appeal, of all causes relative to it, as
he was, indeed, in all criminal cases.

“* * * * « Office, rank and authority were
annexed to land, and otherwise divided among
the gentry, with due degrees of subordination ;
so that all orders of men habitually and per-
fectly knew their respective places, and were
contented and happy in them.. The gentry, in
particular, were drawn into a still closer at-
tachment to the governments of their posts, in
the provincial and royal troops which were kept
up there.

“ This system, a very respectable and jvdi-

ee - 2 2

ae Y = So = ==
= Z Z
a er eae

ae _~

So

ss

Chap.
I,
el ld
17)
to
W774.

48

cious officer, your Majesty’s chief justice of
Quebec, justly extols, as being admirably cal-
culated to preserve internal tranquility and due
reverence and obedience to government, and
endeared to the natives by long usage, and per-
fect conformity to their manners, habits and
sentiments.

“« The natives, at the conquest, were one
hundred and twenty thousand, whereof about
one hundred and twenty-six were noble. And
their laws were, such parts of the laws of Paris,
as had been found necessary and applicable to
their situation, reformed, supplied, changed
and enlarged by the king’s ordinances and
those of the provincial legislature. These have
been very judiciously collected, and are among
the papers which your Majesty commanded
me to consider.

“ On the eighth of September, 1760, the
country capitulated in terms which gave to
your Majesty all that which belonged to the
French king; and preserved all their property,
real and personal, in the fullest extent, not
only to private individuals, but to the cor-
poration of the West India company, and to
the missionaries, priests, canons, convents, &c.,
with liberty to dispose of it by sale if they
should want to leave the country The free
exercise of their religion by the laity, and of
their function by their clergy,was also reserved.

“ The whole of these terms were stipulated
on the 10th of February 1763, in the definitive
treaty of peace. By your Majesty’s proclama-

ice of
ly cal-
id due
t, and
d per-
ts and

e one
about

And
‘Paris,
ible to
anged
s and
e have
among
anded

0, the
ave to
o the
perty,
» not
cor-
nd to
, &e.,
they
p free
nd of
rved.
lated
itive
ama-

49

tion of the 7th October, inthe third year of chap.

your reign, (1763) your Majesty was pleased to '-

declare that four new governments were erect- 176

ed,of which Quebec was one, containing a large
portion of that country which had been included
in the French. government of Canada, some
parts of which were settled in such manner as
hath been mentioned before, but great districts
of which still remained rude and barbarous.

« And considering that it would greatly
contribute to the speedy settling of the new
governments, that your Majesty’s loving sub-
jects should be informed of your paternal care
of the security of the liberty and properties of
those who are or shall become inhabitants
thereof, your Majesty thought fit to declare
that your Majesty had, in the constitution of
these governments, given express power and
direction to the governors of the said colonies
respectively, that so soon as the state and cir-
cumstances of the said colonies would admit
thereof, they shall, with the advice and con-
sent of your Majesty’s council, summon and
call general assemblies within the said govern-
ments respectively, in such manner and form
as is-used and directed in those colonies and
provinces in America, which are under your
Majesty’s immediate government. And that
your Majesty had given power to the said
governors, with the consent of your Majesty’s
said council and the representatives of the
people, so to be summoned as aforesaid, to
make, constitute and ordain laws, statutes and
E

to

1774.

50°

Chap. ordinances for the public peace, welfare, and

~~ good government of your Majesty’s said colo-

1760 nies, and of the people and inhabitants thereof,

i773, aS near as may be, agreeable to the laws of
England, and under such regulations and res-
trictions as are used in other colonies 3 and that
in the mean time, and until such assemblies can
be called as aforesaid, all persons inhabiting in
or resorting to your Majesty’s said colonies,
might confide in your royal protection for the
enjoyment of the benefit of the laws of Eng-
land, for which purpose your Majesty declared
that your Majesty had given power under the
great seal to the governors.of your Majesty’s
said colonies respectively for the erection of
courts of, judicature and public justice within
the said colonies, for the hearing and deter-
mining all causes, as well criminal as civil,
according to law and equity, and as near as
may be, agreeable to the laws of England,with
liberty to all persons who may think themselves
aggrieved by the sentence of such courts, in all
civil cases, to appeal under the usual limitations
and restrictions, to your Majesty in your privy
council.

* * * * « QOn the 2ist of November 1763,
your Majesty appointed Mr. Murray, to be
governor of Quebec, commanding him to exe-
cute that office according to his commission,
and instructions accompanying it,and such other
instructions as he should receive under your
Majesty’s signet and sign manual, or by your
Majesty’s order in council, and according to

52

Chap. administered without any equitable qualifica-
—~ tions. These are said to be universally receiv-
1760 ed. In truth, they could neither be refused nor

* * « Three very different opinions have
biden entertained. There are those who think
that the law of England, in all its branches, is
actually established, and in force in Quebec.
They argue that your Majesty, upon the con-
- quest, had undoubted authority to establish
whatever laws should seem fittest in your royal
wisdom: that your Majesty’s proclamation
dated the seventh day of October, 1763, was a
repeal of the existing laws, and an establish-
ment of the English laws in their place, in all
parts of the new ’ subjected countries: that the
several commissions to hear and determine by

to |
1774. avoided. H

the laws of England, were an actual and autho- pe
ritative execution of those laws ; and that the su
law, as it prevails in the province of New York in
and the other colonies, took its commencement vi
in the same way, and now stands on the same I¢
_ authority. tic
“ If your Majesty should be pleased to adopt ne
this opinion, it seems to afford a full answer to tre
the whole reference, by exhibiting not only a Wi
general plan, but a perfect system vi civil and lik
criminal justice, as perfect as that which \..e- by
vails in the rest of your Majesty’s dominions,or tee
at least it leads off to questions widely different, ha
touching the expediency of a general change flo
in the established laws of a colony, and touch- th

ing the authority by which it ought to be made.

rlifica-
eceiv-
ed nor

s have
» think
hes, is
uebec.
e con-
tablish
r royal
mation
was a
ablish-
, in all
hat the
ine by
autho-
hat the
vw York

ement
2 same

adopt
wer to
only a
il and
h y..8-
ons,or
erent,
hange
ouch-
ade.

53

« Others are of opinion that the canadian chap,
They argue that !.
according to the notion of the english law, >5,5
upon the conquest of a civilized country, the a
| 44.

They .

laws remain unrepealed.

laws remain in force till the conqueror shal
have expressly ordained the contrary.
understand the right acquired by conquest, to
be merely the right of empire, but not to ex-
tend beyond that, to the liberty and property
of individuals, from which they draw this con-
sequence, that no change ought to be made in
the former laws beyond what shall be fairly
thought necessary to establish and secure the
sovereignty of the conqueror. This idea they
think confirmed by the practiceof nations, and
the most approved opinions. “ Cum enim
omne imperium viclis eripitur relingui illis
possunt, circa res privatas, et publicas minores
su@ leges, suique mores, et magistratus hujus
indulgenti@ pars est, avit@ religionis usum
viclis, nist persuasts non eripere.” Grot. 3. 15.
10.; and if this general title to such modera-
tion could be doubted, they look upon it to be a
necessary consequence of the capitulation and
treaty alluded to before, by which a large grant
was made them of their property and personal
liberty, which seem to draw after them the laws
by which they were created, defined and pro-
tected, and which contain all the idea they
have of either. This moderated right of war,
flowing from the law of nations and treaties,
they think may have some influence upon
E 2

Chap.
II.

Pre
1760
to

1774

54

the interpretation of the public acts above
mentioned.

“ Though the proclamation of 7th October,
1763, is conceived in very large terms, gene-

‘rally encugh to comprehend the settled coun-
tries together with the unsettled, yet the pur- -

view of it seems to apply chiefly if not altoge-
ther. to the unsettled, where the laws of
England obtain acourse till otherwise ordered ;
for it seems to assume and proceed upon it, as
manifest that the laws of England are already
in force, which could not be true of any settled
country reduced by conquest. It also recites
for its object that it will greatly contribute to
the speedy settling our said new government ;
and at any rate, they think it too harsh a con-
clusion to be admitted that such an instrument
in the state thereof, not addressed to the Cana-
dians, nor solemnl; published among them, nor
taking any notice of their laws, much less
repealing them, should be holden to abrogate
all their former customs and institutions, and
establish the english laws in every extent and
to every purpose, as it may be thought to do in
unsettled countries, which conclusion, how-

ever, they know not how to avoid, but by.

confining it to those countries where no settled
form of justice existed before.

‘“‘ If it be true that the laws of England were
not introduced mto Canada by this proclama-
tion, they consider the several commissions
above mentioned, to hear and determine
according to those laws, to be of as-little effect

55

determine according to the laws of Canada.

“* * * * * & Others, again, have thought 1760
M to
that the effect of the above mentioned procla- ,,°,

mation, and the acts which followed upon it,
was to introduce the criminal laws of England,
and to confirm the civil law of Canada. In this
nvinber were two persons of great authority
and esteem ;—Mr. Yorke and Mr. De Grey,
then Attorney and Solicitor General, as I col-
lect from their report of the 14th April, 1766.
Oue great source, they represent, of the disor-
der supposed to prevailin Canada, was the
claim taken at the construction putupon your
Majesty’s proclamation of 1763, as if it were
your Majesty’s intention, by your Majesty's
judges and ouficers of that country at once to
abolish all the usages and customs of Canada,
with the rough hand of a conqueror, rather
than in the true spirit of a lawful sovereign,
and not so much to extend the protection and
benefit of your Majesty’s english laws to your
new subjects, by securing their lives, liberties
and properties, with more certainty than in for-
mer times, as to impose new, unneeessary and
arbitrary rules, especially in the titles to lands,
and in the modes of descent, alienation and
settlement, which tend to confound and sub-
vert rights instead of supporting them. —

« There is not, they observe, a maxim of the
common law more certain, than that a conquer-
ed people retain their ancient customs till the
conqueror shall declare new laws. To change

as a commission to New York to hear and Chap.

Chap, at once, the laws and manners of a settled
country, must be attended with hardships and
“760 Violence. And, therefore, wise conquerors

a having provided for the security of their domi-

56

nions “proceed gently, and indulge their con-
quered subjects in all local customs which are
in their nature indifferent, and which have been
received as rules of property or have obtained
the force of laws. It is the more material that
this policy should be pursued in Canada, be-
qos’ itis a great and ancient colony, long
sc’. .nd much cultivated by french subjects
whu uow habit it, to the number of eighty or
one hundred thousand.

* * * * * * «© Tn criminal cases, whether
they be capital offences or misdemeanors, it is
highly fitting so far as may be, that the laws of
England should be adopted, in the description
and quality of the offence itself; in the manner
of proceeding to charge the party, to bail or
detain him, to arraign, try, convict, or condemn
him. The certainty and Jenity of the English
administration of justice, and the benefits of this
constitution, will be more peculiarly and essen-
tially felt by his Majesty’s canadian subjects,
in matters of crown law which touch the life,
liberty and property of the subjects, than in the
conformity of your Majesty’s courts to the
english rules in matters of tenure, or the suc-
cession and alienation of real and personal
estate. This certainty and this leniency are the
benefits intended by your Majesty’s royal pro-
elamation, so far as concerns judicature. These

ettled
Ss and
lerors
domi-

con-

57 @

are irrevocably granted ahd ought to be secur- Chap.

ed to your Majesty’s canadian subjects accord- "

ing to your royal word.

« T have rather presumed to trouble your |
Majesty with a copy of their expressions then
any abstract of their opinion; because, though
I subscribe absolutely to the truth and good
sense of their positions, I freely confess my-
self at a loss to comprehend the distinction
whereby they find the criminal law of England
introduced, and the civil laws of Canada con-
tinued, by instruments which seem to estab-
lish all the laws of Englana, b th civil and
criminal at the same time, in :::* sume sentence,
and by the same form of werus, if they are
understood to establish arv, or to relate to
Quebec.

« They seem to proceed much upon the
supposed superiority which they justly impute
to the criminal laws of England. It is very
unfit that I'should speak of them to your Ma-
jesty without the utmost reverence. But I can

conceive that a Canadian, blinded, perhaps, by

the prejudices of different habits, may think of
them ina different manner, and even set but
small value on that excellent institution the
trial by jury; whereby the natural equality
among men is so admirably preserved, and the
lowest subjects of the state admitted to more
than an equal share of the supreme judicial
authority. I have been actually informed that
a canadian gentleman would think himself
degraded, and more hardly used by being sub-

J voy

ae

59

certain scheme of civil and criminal laws, or chap.
any which must nat receive deep and material |.
alterations for that which your Majesty shall S745
be pleased to determine on those heads. to

There are, at the same time, certain princi-
ples which seem, in my humble opinion, to »
claim your Majesty’s gracious attention, as the
basis of any new laws to be made in Quebec.

« The Canadians seem to have been strictry
entitled by the jus gentiwm to their property, as
they possessed it upon the capitulation and
treaty of peace, together with all its qualities
and incidents, by tenure or otherwise, and also
to their personal lilverty ; for both which they
were to expect your Majesty’s gracious pro-
tection. |

*‘ It seems a necessary consequence that all |
those laws by which that property was created, |
defined, and secured must be continued to them. |
To introduce any other, as Mr. Yorke, and Mr.
De Grey emphatically expressed it, tend to
confound and subvert rights instead of support-
ing them.

** When certain forms of civil justice have
long been established, people have had fre-
quent occasions to feel themselves and observe
in others the actual coercion of the law in
matters of debt and other engagements and
dealings, and also in the recompense for all
sorts of wrongs. The force of these examples
goes still further and stamps an impression on
the current opinion of men and puts an actual
check on their dealings ; and those who never

60

Chap. heard of the examples or the laws which pro-
I. duced them, yet acquire a kind of traditional
‘yao Knowledge of the legal effects and consequences
to of their transactions, sufficient and withal abso-
"4 lutely necessary for the common affairs of pri-
vate life. It is easy to imagine what infinite
disturbance it would create to introduce new
and‘unknown measures of justice; doubt and
uncertainty in the transaction ; disappointment

and loss in consequence.

«‘ The same kind of observation applies with
still greater force against a change of the crimi-
nal law, in proportion as the examples are
more striking, and the consequences more
important. ‘I'he general consternation which
must follow upon the circumstance of being
suddenly subjected to a new system of criminal
law, cannot soon be appeased by the looseness
or mildness of the code.

‘Krom these observations, I draw it asa
consequence that new subjects, acquired by
conquest, have a right to expect from the
benignity and justice of their conqueror-the
continuance of all these old laws, and they
seem to have no less reason to expect it from
his wisdom. It must, I think, be the interest
of the conqueror to leave his new subjects in
the utmost degree of private tranquillity and
personal security; and, in the fullest persua-
sion of their reality, without introducing need-
less occasion of complaint and displeasure,
and disrespect for their own sovereign. He
seems, also, to provide better for the public

h pro-
litional
uences
| abso-
of pri-
infinite
‘e new
bt and
ntment

28 with
-crimi-
les are

more
which

being
‘Iminal
seness

tasa
ed by
n the
or: the
they
from

erest
cts in

61

of obedience to their accustomed laws than by

undertaking the harsher task of compelling a 1760

new obedience to laws unheard of before. ,
And if the old system a to be more per-
fect than any thing which invention can hope
to substitute on the sudden, the scale sinks
quite down in its favor.

*‘ It should be remembered that the scheme
of government and laws for Canada, was con-
ceived by a wise court in a cool moment,
untainted with private passion or public preju-
dice. The principles of humanity and the
views of state combined to suggest that plan
which might serve to build a flourishing colony
upon. The plan was improved, from time to
time, by the wisdom and experience of suc-
ceeding times, and not left to become obsolete
and unfit for the progressive state of the
province.

*¢ Although the foregoing observations should
be thought just, as a general idea, yet circum-
stances may be supposed, under which it would
admit some exceptions and qualifications. The
conqueror succeeded to the sovereignty ina
title at least as full and strong, as the conquer-
ed can set up to their private rights and ancient
usages. Hence would follow every change in
the form of government which the conqueror
should think essentially necessary to establish
his sovereign authority and assure the obed'-
ence of his subjects. This might possi)!7
produce some alteration in the laws, especially
F

peace and order, by leaving them in the habit Chap.

to

774.

if.

62

Chap. those which relate to crimes against the state,

religion, revenue and other articles of police,

76) and in the form of magistracy. But it would

ae also follow, that such a change should not be

‘made without some such actual and cogent

necessity, which real wisdom could not
overlook or neglect;—not that ideal neces-
sity which ingenious speculation may always
create by possible supposition, remote infe-
rence and forced argument—not the necessity
of assimilating a conquered country in the
article of laws and government to the metropo-
litan state, or to the older provinces which
other accidents attached to the empire, for the
sake of creating a harmony and uniformity in
the several parts of the empire; unattain-
able, and, as I think, useless if it could be
attained :—not the necessity of stripping from
a lawyer’s argument all resort io the learned
decisions of the Parliament of Paris, for
fear of keeping up the historical idea’ of
the origin of their laws :—not the necessity
of gratifying the unprincipled and imprac-
ticable expectations of those few among your
Majesty’s subjects who may accidentally
resort thither, and expect to find all the differ-
ent laws of all the different places from which
they come, nor according to my simpie judg-
ment, any species of necessity, which I have
heard urged for abolishing the laws and gevern-
ment of Canada.

“ The foregoing thoughts are humbly sub-
mitted to your Majesty, as generai and absttrac

63

application, by what your Majesty may think

fit to resolve upon the matters of policy and }26,

state which have appeared to me in some de-
gree previous considerations to any plan for
the administration of civil and criminal justice,
and upon which I have not presumed to offer
any opinion. All which is humbly submitted
to your Majesty’s royal wisdom.”

Such were the sentiments of british states-
men of that day, and which every generous
and genuine british heart of the present will
respond to, and take pride in.—Sentiments,
certainly not in the spirit of “ foreigners and
intruders,” as their countrymen, since immi-
grating to this, a land acquired by their fore-
fathers, assuredly not through any complacency
of its former owners, (for neither were they
wanting in virtue or in bravery.) but by their

propositions, liable to be much altered in the chap.

il.

to
1774.

trusty arms, recently have been designated by |

their fellow subjects of french origin in the
colony, the descendents of the then so called
* new subjects,” for whose welfare and happi-
ness so much solicitude was then evinced, as
from that time to this it unceasingly has been.

The reader will have perceived the elements
of the Quebec Act in the advice we have just
perused, as submitted to the king by his Ma-
jesty’s constitutional advisers, in reference to
Canada ; and if he be a truly british subject,
~ sensible of the honor of his country and of the
reputation of her statesmen and legislators, he
must feel, and with an honest satisfaction, that

Chap. there was not less of wisdom displayed in their
ll. councils, than of valour in the field by the little
‘T760 Dut gallant division of the army which, under

9, the immortal Wolfe, establishing itself, on the

64

‘memorable 13th September, 1759, on the plains

of Abraham, made classic by his fall in the mo-
ment of victory, and by the achievement of that
glorious day, placed the british standard on the
hitherto impregnable citadel of Quebec, where,
in triumph and unblemished, it has ever since
waved, and let us hope long will wave in
despite of all its enemies.

One position we may take in starting, as
certain, and which, as we goon, we shall find
to be confirmed by experience ; namely, that
whatever abuses the colonists have, from time
to time, had cause to complain of in the admi-
nistration of their local affairs, these have been
chiefly if not altogether attributable to tl _ local
authorities; and that on the part of the impe-
rial government and british parliament, a dispo-
sition. favorable to Canada, and. to redress all
real grievances and well-founded complaints.
submitted to their judgment by the inhabitants
of the colony, particularly by those of french
origin, has never been wanting. These high
authorities, have invariably been above all
reproach, and uniformly just and_ liberal,
though no doubt, occasionally embarrassed,
in the diversity of opinions as to the line of
policy which it might be the .sost desirable to
pursue. Embarrassments that must have been
enhanced by the discontent of the colonists of

65

british origin, or british birth, immigrating to Chay.
Lower Canada; who, at times, deeming the |.
british interests in the colony sacrificed to pro- {769
pitiate a party of the other origin, hostile to |‘
them, have thought the home government, to “'”
use Mr. Wedderburne’s language, and in pro-
secution of his policy, to have shewn “ more
attention to the native Canadian than to the
british emigrant,” and felt wounded at it.

to

1791.

The King signifies by message to parliament his intention to

CHAPTER Iil.

divide the province of Quebec into two separate provin-
ces, to be called Upper Canada, and Lower Canada—
Bill accordingly introduced by Mr. Pitt—his views of the
subject—Mr. Fox’s views different from thase of Mr.
Pitt as to the division of the province into two, thinking
it more desirable to preserve its unity, as most likely to
produce an amalgamation of the inhabitsnts of english
and french origins—suggests anelective Legislative Coun-
cil—-Mr. Lymburner heard at the bar in opposit on to the
bill—his objections to it—various interesting notices by
him on the state of the province of Quebec, since the
passing of The Quebec Act, its judicaturc, kc.—-his anti-
cipations in case the bill become law, and the province
be divided in two—remarkable, as time and experience

have verified, for their general aceuracy. 4

PassinG over the militar’ and waval occur-

_rences of those days in Canada, which, as
i774 previously meutioicd, are not within our plan,
we proceed te the civision of the province of
Quebec, as established by the act of 1791,* into
the two provinees of Upper and Lower Canada,
following the latter from birth to dissolution,
and to its reincorporation with the former, from
‘hich, as many think, and perhaps justly, it
ought never to have been separated.

The time had come, in the opinion of the

british government, when the state and circum-
stances of Canada, rendered it expedient to

* 31 Geo. [II., ch. 31, usually called “ The constitutional Act.’’

67

confer upon the inhabitants of it, a more popu- Chap.

lar constitution than that they held under the
Quebec Act. The old subjects, or those of
british birth or origin, were rapidly increasing
in the province by immigration from the United
States, after the establishment of their inde-
pendence, and were anxious for a government
and constitution more in accordance with such
as they had been accustomed to, and better
suited to the advancement and welfare of their
adopted country, than the government which,
on their advent, they found in it.

There were also heavy complaints from the
british settlers in the province to the govern-
ment at home, on the state of affairs in the
colony. The Quebec Act had not, it was
said, secured the peace, nor promoted the hap-
piness or prosperity of the people of the
province, but produced the contrary effects ;
—that from the uncertainty as to the law»
intended to be introduced by that act, his *i:-
jesty’s subjects had been obliged to depend
for justice on the vague and uncertain ideas of
the judges—end that although . had been six-
teen years in force, the courts had not yet set-
tled or agreed whether the whole of the french
laws, or what part of them, composed the
custom of Canada, as they sometimes admit-
ted and sometimes rejected whole codes of the
french law.

The progress of opinions in Europe, and the
movements in France at the time, probably
also had some influence upon tue minds of those

IL.
i i
1774

to
1791.

Chap.

Uf.

tid
1774

to
1791.

68

at the helm of affairs in England, in their deter-
mination to leave to their fellow-subjects in
Canada nothing to be coveted in the example
of foreign countries, particularly in the neigh-
bouring one, and to bestow upon them a con-
stitution as liberal as they could desire, and as
might consist with the dependence of the pro-
vince upon the crown and parliament of Great
Britain.

As british subjects who had forfeited their
worldly possessions in the cause of the empire
and its integrity, and had abandoned their
homes in preference to an abandonment of
their allegiance, and migrated to the wilderness
of the north, to seek an asylum and a new
country, they were worthy of the solicitude of
the government and nation to whose cause they
conscientiously adhered. “ The loyalists,” as
they were denom‘nated, had located themselves
principally in the western parts of the province,
along the north bank of the St. Lawrence, and
in the vicinity of the lakes Ontario and Erie,
where the climate was more genial and the
soil better suited to agriculture than in the
lower section of the province, known as Lower
Canada. The country bordering upon those
great lakes was at the time a vast solitude,

with but very little exception.

On the 4th of March, 1791, the following
messaye from the king, was transmitted to the
House of Commons :—“ His Majesty thinks it
proper to acquaint the House of Commons that
it appears to his Majesty, that it wouid be for

leter-
sts in
ample
eigh-
. con-
nd as
: pro-
Treat

their
Npire
their
nt of

69

the benefit of his Majesty’s subjects in his pro- chap.
vince of Quebec that the same should be divid- !
ed into two separate provinces, to be called the 77;

province of Upper Canada, and the province of

Lower Canada, and that it is accordingly his
Majesty’s intention so to divide the same,
whenever his Majesty shall be enabled by act
of parliament to establish the necessary regu-
lations for the government of the said provinces.
His Majesty, therefore, recommends this object
to the consideration of this house.

“ His Majesty also recommends. to this
house to consider of such provisions as may be
necessary to enable his Majesty to make a per-
manent appropriation of lands in the said pro-
vinces for the support and maintenance of a
protestant clergy within the same, in proportion
to such lands as have been already granted
within the same by his Majesty; and itis his
Majesty’s desire that such provision may be
made with respect to all future grants of land
within the said provinces respectively, as may
best conduce to the same object, in proportion
to such increase as may happen in the popula-
tion and cultivation of the said provinces; and
for this purpose, his Majesty consents that such
provisions and regulations may be made by this
house respecting all future grants of land to be
made by his Majesty within the said provinces,
as this house shall think fit.” -

Mr. Pitt stated, in introducing his bill on this
subject, “ that the division of the province into
Upper and Lower Canada, he hoped would

iI.

70

“ag: Put an end to the com etition between the old

french inhabitants anc the new settlers from

i774 Britain and the british colonies : this division,

im be trusted, would be made in such a manner as

to give each a 5reat majority in their own par-
ticular part, althou

Separation. An

€ apprehended
from ancient Canadians being included in the
one, or british settlers in the other, would be
averted by a local legislature to be established
in each, ° -

“ In imitation of the constitution of the mo-
ther country, he should Propose a Co
Ouse of Assembly for each ; the Assembly

members of the C

ife ; reserving to his Majesty to annex to cer-

tain honors an hereditary right of Sitting in the
Council. A] laws and ording

vince were to remain in force til] altered by
the new legislature. e habeas Corpus act
Was already law by an ordinance of the pro-
vince, and was to be continued as a fundamen-
tal principle of the constitution,

“It was further meant to make a provision
for a protestant clergy in both divis)

Coun
stitut

e old
from
ision,
er as
par-
ected
An
es
n the
id be
ished

> mo-
il and
ly to
d the
s for
cer-

the
Dro-
f by

act

7)

the consideration of the British Parliament. chay.

The tenures were to be settled, in Lower

Lf.

Canada, by the local legislature. In Upper 57)
Canada, the settlers being chiefly british, the ae

tenures were to be soccage tenures. To pre-
vent any such dispute as that which separated
the thirteen states from the mother country, it
was provided that the British Parliament should
impose no taxes but such as might be neces-
sary for the regulation of trade and commerce :
and to guard against the abuse of this power,
such taxes were to be levied and disposed of

- by the legislature of each division.”

The bill was warmly opposed in its progress
through the house by Mr. Fox and some other
gentlemen. They objected, in the first place,
to the division of the province. “ It had been
urged,” Mr. Fox said, “ that by such means
we could separate the english and the french
inhabitants ;—bit was ‘this to be desired ?—
Was it agreeable to general and political expe-
diency ~The most desirable circumstance
was that the french and english inhabitants
should coalesce into one body, and thatthe
different distinctions of people might be extin-
guished for ever. - If this had been the object
in view, the English laws might soon have pre-
vailed universally throughout Canada—not from
force, but from choice and conviction of their
superiority.”

Mr. Fox also proposed that the Legislative
Council, or aristocratic branch of the new con-
stitution should be “ elective.” “ Instead,

See gg ee ne
a ——

72

Chap. therefore,”—said he—“ of the king’s naming
ll. the Council at that distance, (in which case
‘zi they had no security that persons of property
to and persons fit to be named would be chosen, )
''- wishing as he did to put the freedom and sta-
bility of the constitution of Canada on the

| strongest basis, he proposed that the Council
| should be elective. But how elective ?—not
| as the members of the House of Assembly were
i intended to be, but upon another footing.-—-He
mh proposed that the members of the Council
at should not be eligible unless they possessed

| qualifications infinitely higher than those who

were eligible to be chosen members of the

4
i House of Assembly, and in like manner the
i electors of members of Council must possess
0 qualifications also proportionably higher than h
i) those of the electors of representatives in the & a
ii House of Assembly. By this means,”—Mr. pin
Hi Fox said“ they would have a real aristocracy rp
i chosen by persons of property, from among ' ,
persons of the highest property, who would ke
i thence necessarily possess that weight, influ- ane
i ence, and independency, from which alone ane
ii could be derived a power of guarding against wen
| any innovations that might be made, either by the ae
| people on the one part, or the crown on the : 2
other. In answer to this proposition’—Mr. | 7
i Fox observed—“ it might possibly be said to ra

| him, if you are decidedly in favor of an elec- |
iii live arisiocracy, why do you not follow up your —
| own principles, and propose to abolish the
House of Lords and make them elective 7—

aming

| case
operty
osen,)
id sta-
n the
ouncil
1—not
; were
.--He
ouncil
sessed
2 who
f the
r the
OSSess
r than
n the
cracy
mong
vould
influ-
alone
rainst
y the

the

Mr. |

id to
plec-
your
the
,

73

For this plain reason,

the same footing.”

Mr. Pitt, in reply to the various objections
of Mr. Fox and others to the bill, stated among
other matters—‘‘ that the population of Upper
Canada amounted to only ten thousand inhabi-
tants, and that of the Lower Province to not
more than a hundred thousand,” an estimate
differing considerably from those already seen.
Dividing the province he considered as the
best means of conciliating the french inhabi-
tants, as they would, by this measure, be made
sensible that there was no intention to force
the british laws upon them. It would also, in
elections, prevent that contest between the two
parties, which would be likely to take place,
if there were but one House of Assembly.

Mr. Pitt, again, in answer to a question
asked by Mr. Francis, whether it were his
intention, by the division of the province, to
assimilate the Canadians to the language, the
manners, the habits, and abvuve all, to the laws
and constitution of Great Britain, said, that he
certainly did mean so, and that he was clearly
of opinion, in the present case, that an attempt
to force on them those laws, to which their own

prejudices were averse, was not the way ever

to reconcile them to the british laws and
constitution.
- G

because the British chap.
House of Lords. stood on the hereditary, "!-
known, and acknowledged respect of the yj7,
country for particular institutions, and it was ~
impossible to put an infant constitution upon’

Le LORETTA) a ee ER RT REINS INE SMT AN

“J y a .
x. vy VS. yy <<
Oey Vy y & i
Vy 4 wS, « AG
Qw 4: .O
ZG YF
2h da da <i
> ') A EF EP Ere el S 9 sd
af. — = wm.
aoe ge
see ERE
a. UO
X\
an? ys
AX G Ay A; ~
> >> \ 4 N
INS \ G JS Lng, V
‘No a> Y de & by *e 9
2 7

? K

74

Chap. The bill, as introduced, gave dissatisfaction
| il. to many in Canada, and Mr. Adam Lymburner,
|| Saeq a merchant,of Quebec,as their agent,was heard,
i to onthe 23d March, 1791, against it at the bar of
|| '’ 8 the House of Commons, where he read an inte-
ill resting and able paper on the subject :—* While
that province belonged to France,”—said Mr.
Lymburner, in addressing the Speaker—* the
country was thinly inhabited ; agriculture and
commerce were neglected, despised and dis-
couraged ; credit and circulation were very
confined; and mercantile transactions were
neither numerous, extensive, nor intricaie, for
the India company had been permitted to
retain the monopoly of the fur-trade, which
was almost the only export, during that period,
from the province. The French government fm
seems to have been totally unacquainted with jf)

the mercantile resources of the country, and i
to have estimated the possession of it merely Gr
as being favorable to their views in distressing ‘
the neighbouring british colonies ; the inhabi- 1% ty
tants were miserably poor, and the province @ x,
was a dead weight on that kingdom. But, sir, ff },
the province has greatly changed since it was* ih pes
ceded to Great Britain. At the peace of 1763, [fF jf,
the commercial spirit and energies of those A vid
Britons who have resorted to and settled in fi tet
the country have, by promoting indystry and f# ;,,
cultivation, discovered to the world the value on
of that province; and though the effortsof a FF oh
few individuals have not been sufficient to py

counteract all the pernicious consequences of

faction
burner,
heard,
bar of
n inte-
While
rid Mr.
—* the
re and
nd dis-
e very
3 were
ie, for
ted to
which
period,
rnment
bd with
7, and
merely
essing
inhabi-
ovince
ut, sir,

t was*

1763,
those
led in
y and
value
sof a
nt to
es of

d

a

{is

Hey
ie
¥

iy
5. q

:

He

ba

> ¢
“

75

an arbitrary system of government and an un- Chap.
‘certain administration of law, yet they have Hl
produced a wonderful change on the face of J557
that country ; the towns and villages are greatly ca
increased ; the number of the people is nearly '”

tripled ; there is a double quantity of land
cultivated ; the farmers are more comfortably
lodged, and a great number of ships are annu-
ally” loaded with a variety of articles the pro-
duce of the province. If such amazing progress
has been made in the period of twenty-five
years, not only without any assistance from
the government, by bounties or encourage-
ments, but while the province was labouring
under oppression and the people scarcely
assured of enjoying the fruits of their industry,
what may not be expected from the country, if
encouraged by a generous system of govern-
ment and assisted by the fostering hand of
Great Britain? When, in consequence of the
people being enlightened by education and
science, the effects of ancient and narrow pre-
iudices are destroyed, and the farmers have
been induced to change their present wretched
system of agriculture, [have no doubt, sir,
that the province will be considered as a
valuable appendage in the line of trade; and,
instead of exhibiting a weak government and
impoverished country, it will acquire that de-
gree of respectability which its situation, soil
and numbers ought to command.

‘¢ The bill, sir, now under the deliberation
of this honorable house states in the preamble,

-

Mes are ee tS eae PS NO NE
~

—

Chap.
it monly called ‘ the Quebec Act’ is in many

1774
to
1791.

76
that the act of the 14th of his Majesty, com-

respects inapplicable tu the present condition
and ‘* circumstances of the province.’

“ This, sir, is very true, and justifies the
complaints of the people, so often expressed
in their petitions against that act. They have
had a long and painful experience of the ineffi-
ciency of the act. They have severely. felt
and suffered under the confusion which that
act introduced into the government of the pro-
vince ;-—they have been exposed to the perni-
cious effects of uncertain and undefined laws,
and.to the arbitrary judgments of courts guided
by no fixed principles or certain rules,—and
they have seen their property, in consequence
thereof, dissipated without a possibility of help-
ing themselves. It was these evils which
induced them to pray this honorable house that
the’act intituled, “ An act for making more

‘‘ effectual provision for the government of the -

“ province of Quebec,” might be repealed
in toto.

« Sir, though AA bill declares in the

preamble that the Quebec Act is “ in many
respects inapplicable to the condition and cir-
cumstances of the province,” yet it only pro-
poses to repeal one clause. Will it be consi-
dered as doing justice to the declaration or to
the petitioners, or tothe province to declare
thus publicly, that the act is pernicious in many
respects, and to give the necessary relief only
in one point? Ihave examined the Quebec

oe
pee

eee OL Hm so Ss

com-
many
dition

s the
‘essed
r have
inefhi-
y felt
1 that
> pro-
erni-
laws,
uided
—and
uence
help-
, hich
e that

more

bf the -

aled

n the

any
1 cir-
pro-
pnsi-
Dr to
lare
bany
only
-bec

ee
a
i
i
¥

77

Act witha great deal of care, but have not chap.

been able to perceive any powerful reason for
which it ought to be preserved. 7

** * * * * « T cannot perceive any rea-
son for retaining that act as part of the new
constitution. Sir, | have understood govern-
ment were fully convinced that what is called
in the Quebec Act, the laws of Canada,
had not yet been defined ;—that though six-
teen years have now elapsed since that act
began to operate, it is yet to be determined
what or how many of the laws of France com-
posed the system of canadian jurisprudence
previous to the conquest, or even if there was
any positive system, particularly for commercial
transactions. .

“ Ts it intended, by making the Quebec Act
the foundation of the new bill, that we shall
remain in the same state of doubt and uncer-
tainty which has already given us so much
trouble—or that we are, in the new legislature,
to combat the prejudices of these our fellow
subjects, who, being unacquainted with the
nature, the privileges, or circumstances of
mercantile and personal transactions, are little
inclined to favor them? I might instance
Scotland in this particular—how strenuously
did the people of that country contend at the
union to preserve the whole of their own laws?
I believe it will be allowed that the reservation
has not been favorable to that part of the
kingdom, andthe people of Scotland were at

G 2

[I]
mow

1774

to

A791. ©

ae alert ae ee ae eee oe

isan rte ai

—
|

meet
Ser Fenian et oS Res eT ae ee 1 aS
pecan egies cans iaapralaein = ch iota toe tanya amoenle Saas SASSER Ss oN
Shai % eae a
o je Z c = ie ae he ;

ote

Chap.
See
1774
to

L791,

78

that time much more enlightened than the
Canadians are now.

« Sir, this honorable house may, perhaps, be
told that the french Canadians esteem the
Quebec Act;—that some of them have ex-
pressed their approbation of it in petitions to
his Majesty ; and, therefore, that great respect
ought to be paid to the prejudices and prepos-
sessions of these people. I have, sir, a very
high respect for the prejudices of education ;
and every person, I suppose, has felt the eflects
of them; they often proceed from the most
amiable motives ; and I have known men of the
best hearts and of sound understandings greatly
influenced by them; but, because | respect
these natural defects in my neighbours, would
it be fair or honorable in me to foster, cherish
and encourage them ?

‘Is it conferring any favor ona people to
nurse and feed prepossessions which from their
very name must be considered as faults or
blemishes? No, sir, for though it would be

extremely wrong to wound the feelings of a -

people, by attempting rudely to eradicate their
prejudices; yet, I consider it as the duty of
government, in kindness to its subjects, to
weed out these prejudices gently and by
degrees.

‘The french Canadians have now been
thirty years subject to the british empire ;—
they have had time to acquire some of our
customs and manners ;—to study, in a certain
degree, the principles of our laws and con-

79

the i. Stitution,—and I stand before this honorable chap.
}) house the agent, I have no hesitation te say, 1!
1s,be | ofa number of the most respectable and intsl- re
. the ® _ligent of these french Canadians, to solicit the ES
| total repeal .of the Quebec Act. sia
“ The investigation which was made by order
of Lord Dorchester, in the year 1787, into the
past administration of justice in the province,
and which is in the hands of his Majesty’s mi-
nisters, as well as the disputes beiween the
facta upper and lower courts in the province since
wnat | that period, will shew that neither the judges,
fib | the lawyers, nor the people understand what
were the laws of Canada previous to the con-
quest. ‘There has been no certainty on any
object of litigation except in such matters as
regarded the possession, transmission, or alie-
nation of landed property, where the custom of
Paris is very clear. I cannot, therefore, sup-

2 @X-
NS to
spect
epos-
very
ON 5

reatly
spect
vould
.erish

ble to i ; :
that 4 pose that this honorable house will consider it

* incumbent on them to gratify the prejudices
d be \ of a part of the people on a point of so much

ts or

importance to the whole ;—an object that must
continue and, perhaps, increase the confusion¢
which has too long prevailed in the province,
and which has brought the courts into disrespect
and occasioned much uneasiness among the
people. -

“ IT shall hope that this honorable house will
repeal the whole of the Quebec Act, in com-
pliance with the desires of my constituents,
french and english, as being a statute extremely
obnoxious to them. One or two short clauses

of 3
their

SO

added to the new bill will provide for every
part: of that act which is necessary to be
~aained. We shall, perhaps, find it sufficiently

177
to} difficult to explain and understand the new law;
“but it, must greatly increase our difficulties, if

we are obliged to revert to the Quebec Act,
to know the full extent of our constitution.

«¢ My constituents wish to receive from the
british parliament a new and complete consti-
tution, unclogged and unembarrassed with any
laws prior to this period. Acts explaining acts,
or amending acts, however they may be proper
or necessary in the progress of legislation,
often involve the objects in greater perplexity
and confusion, and itis of the utmost import-
ance to the tranquillity of the province that the
new constitution should be clear, distinct,
pointed and intelligible.

‘The bill now under the deliberations of this
honorable house proposes, in the second and
subsequent enacting clauses, to separate or
divide the province into two governments, or
otherwise,to erect two distinct provinces in that
country, independent of each other.
conceive what reasons have induced the pro-
position of this violent measure. I have not

heard that it has been the object of general

wish of the loyalists who are settled in the
upper parts of the province ; and I can assure
this honorable house that it has not been desir-
ed by the inhabitants of the lower parts of
the country. I am confident this honorable
house will perceive the danger of adopting

I cannot |

every
to be
siently
w law;
ties, if
c Act,
n.

ym the
consti-
th any
g acts,
oroper
lation,
lexity
mport-
hat the
istinct,

of this
d and
te. or
ts, or
n that

annot |

e pro-
e not

n the
ssure
Nesir-
ts of
rable

pting

bneral

81

a plan which may have the most fatal conse- chap

quences, while the apparent advantages which

. . . » i
it offers to view .are few and. of no great 477,

moment.

« Sir, the lcyalists who have settled in the’

upper parts of the province have had reason to
complain of the present system of civil govern-
ment, as well as the subscribers to the petitions
now on the table of this honorable house.—
They have been fellow sufferers with us, and
have felt all that anxiety for the preserva-
tion of their property which the operation of
unknown laws must ever occasion; a situation
of all others the most disagreeable and distress-
ing, and which may have engaged some of
these people who could not perceive any other
way to get out of such misery, to countenance
the plans of a few individuals who were more
intent to support their own schemes, than to
support the true interest of government in the
general tranquillity and prosperity of that ex-
tensive country. But, sir, even supposing that
this division has been proposed in consequence
of the general wish and desire of the loyalists,
I hope this honorable house will consider, on
an object of such vast importance as that of
separating for ever the interests and connec-
tions of the people of that country, who, from
local situation, were certainly designed by
nature to remain united as one,—that the
interest, the feelings and desires of the people
of Lower Canada ought to be consulted and
attended to, as wellas the wild project of a

\
\

IL.

hw
71,

a lb

Evan tee oe ee eee pepe ares

SS eer neliuerresciar -aaesaean oman neem ce MO ED

Sakai aaa

oars

; HEI
; 1th}
Hi '
Hii
|
| Sie
i if
ili
el \
i]
] Biel
i}
ae iii
" li
hae it
>
ie i
Bt]
it ae
i if
Sa it
i i
ont

UI.

82

Chap. Smail body of people, who are thinly scattered

over the upper parts of the province, who

eve . . ° .
i774 have not had time to enquire into and examine

to
1791

their relative situation, and the natural depend-
ence which their country must have on the
lower parts of the province.

Sir, in the petitions now on the table, from
my constituents, inhabitants of the province of
Quebec, this honorable house will observe they
have complained that the province has been
already: greatly mutilated, and that its resources
would be greatly reduced by the operation of
the treaty of peace of 1783. But, sir, the
could not have the most distant idea of this
new division. They could not conceive that
while they complained of the extent of their
country being already so much reduced as
materially to prejudice their interests and con-
cerns, it would be still further reduced and
abridged. If, at the time they penned their
petitions, they could have supposed or fore-
seen this proposed division, it would have fur-
nished them with much stronger reasons of
complaint that their interests would thereby be
injured. Sir, Iam sure this honorable house
will agree that the province ought not to be
divided into separate and independent govern-
ments, but on the most urgent reasons, and after
having seriously and carefully weighed all the

’ consequences which such a separation is likel

to produce. For, if, from experience, the divi-
sion shall be found dangerous to the security
of government, or to the general interests of

83

the people, it cannot again be reunited. * chap.

attered That strong principle of nationality or national yg
2, who prejudice which at present connects the people 7774, YA
xamine of that province to one another, as being mem- Ea er
epend- § bers of one state, who, though scattered over Bt!
onthe ( an immense country, yet all look up to one ol
# centre of government for protection and relief, tt
» from i is of the utmost consequence to the security of ei) |)
ince of § acountry where the inhabitants are so much at i
ve they dispersed. It is that political connexion which ! q :
3 been forms such a prominent feature in the charac- Mey |
ources ter of all nations ;—by which we feel, at first 4 |
‘ion of sight, a degree of friendship and attachment at i
, they which inclines us to associate with, and to ie
of this serve a subject of the same kingdom ;—which eel
re that 9 makes us look ona person from the same coun- ea
’ their m@ try and province as an acquaintance, and one en
ed as @@ from the same town as a relation ;—and it is a ail
d con- f fact which the history of all countries has estab- ne
d and } lished beyond the possibility of a doubt, that ma
their | people are more united in the habits of friend- Pai,
fore- ship and social intercourse, and are more ready a:
re fur- = toafford mutual assistance and support from { :
ons of | being connected by a common centre of govern-
by be fm ment than by any other tie. In small states this |
ouse m @©principle is very strong; but even in extensive |
to be | empires fffetains a great deal of its force ;—
vern- | for, besides the natural prejudice which in- il
after _ clines us to favor the people from our own : i
ll the | country, those who live at the extremities of an i
ikely §§ extensive kingdom or province are compelled i
divi- y to keep up a connection or correspondence WI
urity | { e This, however, has been done. ; i Be i i

sts of he

SS

<x . ae ay SA
———— ae = —

—

—— — -

Chap.
UI.
ee)
1774
to
1791,

84

with those who live near the centre or seat of
government, as they will necessarily, at times,
have occasion to apply for favors, justice or
right; and they will find it convenient to
request the assistance and support of those
whose situation enables them to afford it.

“ [might here compare the different situa-
tion of Scotland, now united to England and
governed by the same legislature, with some
other of the dependencies of the british empire ;

but I consider it to be unnecessary, as the ob-

ject must be present to the recollection of every

member of this honorable house.

“ T beg leave to mention as a consideration
worthy the attention of this honorable house
against the division of that country and the
establishment of a new government in the uppe
part of it, that the new province will be entirely
cut off from all communication with Great
Britain ;—that their government will be com-
plete within itself;—and as from their situa-
tion they cannot carry on any foreign com-
merce but-by the intervention and assistance of
the merchants of Quebec and Montreal, they
will, therefore, have little reason to correspond
with Great Britain, and few opportunities of
mixing in the society of Britons. How far
these circumstances may operate in gradually
weakening their attachment to the kingdom,
[ shall leave to the refiection of the honorable
members.

‘“¢ These are considerations which I have no
doubt will have due weight with this honorabI:

ho
pol

mo
wil

the

wh:
qul

tha
suf]
reje
me)
ble

FeC
whi
any
Lat
of t
tow
8
by mw
ight
perus
ed to
the s
Gren
open
and a
(not |
acces
selve
britis
and ¢
in the
the p
felloy
natio
bly n
isles,
and i
tincti

r seat of
at times,
ustice or
nient to
of those
it.

nt situa-
and and
ith some
empire ;
3 the ob-
of every

ideration
e house
and the
he uppei
» entirel
h Great
pe comM-
ir situa-
gn com-
stance o}
al, they
rrespond
nities of
How far
rradualls
ingdom,
onorable

have no
onorabl

85

house ; and there are many others of a general chap. 1) ty
political m... equally strong, and, perhaps, " ee ||
more pointed, against this innovation, which 4774 \
will necessarily occur in the consideration of , |
‘ : >... 1008:
the subject.—But there is one consideration
which is of the utmost importance to the tran-
quillity of the people inhabiting, all the parts of
that country, and which will alone, [ hope, be . ae
sufficient to induce this honorable house to may
reject the plan of anew independent govern- |
ment. I beg leave to request that the honora-
ble members will recollect and attend to the
geographical situation of that country, from
which it will appear evident that no vessel ot
any kind can proceed further up the river St.
Lawrence than the city of Montreal, on account
of the rapids which are immediately above that
town.* Of course, as every article of neces-

* These natural obstacles are now, however, effectually overcome
by means of steamers and the Lachine Canal. How would the en-
lightened mind that produced the almost prophetic document we are
perusing, if it could revisit us, and see again the localities there allud-
ed to, admire the astonishing improvements that have taken place, in
the short period that has elapsed since that day. The Lachine, the
Grenville, the Rideau, the St. Lawrence, the Welland Canals, have
opened the way for sea going ships from Lake Huron to the Scean,
and a canal at Sault Ste. Marie, of a mile or less, at no great expense,
(not exceeding £100,000, if so much,) would render lake Superior
accessible to ships from sea and war steamers. ‘These are, of them-
selves, gratifying proofs of the supericr enterprise and energy of the
british race, and british colonists in the Canadas, by whose industry
and capital chiefly these great improvements have been effected, and
in the rapidly increasing numbers of whom, at no distant period from
the present time, their less enterprising, though, perhaps, more frugal
‘ellow subjects of the other origin, claiming a national existence as la
nation canadienne will be merged, as they once imagined, and possi-
bly many of them still may, those emigrating hither from the british
isles, would be, in the midst of the “‘ nation.”? This whim, imaginary
ind idle as it is, tending only to keep alive national prejudices, and dis-
tinctions of national origin among british subjects, for the benefit of a

H

Chap. Sity, or luxury, which the inhabitants of the

Il.
‘eve

1774
~ to
1791.

86

upper district have occasion for from Britain,
or any foreign country, must come to them by
the river St. Lawrence,t they must be landed
at or below Montreal, where they must be
stored by the merchants of Quebec or Montreal,
until carriages and boats are provided to send
them forward ;—likewise, that every article of
produce which the people of these upper dis-
tricts wish to export, must be sent in boats to
Montreal; or perhaps to Quebec, for the pur-
pose of being shipped for exportation, and that
as well the articles of import as of export must,
in passing through the lower country, become
subject to the laws, regulations, duties and taxes
which may be imposed by the legislature of the
lower country. Now, supposing the division
to take place, .s-it may be expected that the
new legislature of Quebec shall, in due time,
provide a revenue towards the.support of the
civil government of that part of the province, it
is more than probable that whatever money is
raised for that or any other public purpose,will
be done by duties payable on importations. It
is, therefore, an object that deserves the most
serious reflection of the honorable members, to

few to the injury of the mass, and to perpetuate the isolation of the
Canadians of french descent from the great english, or asit is fashion-
able to term it, anglo saxon family of North: America is still, it seems,
entertained, notwithstanding the unsuccessful attempts of 1837 and
1838 to realise the ‘ nationalité”’ so ardently, but we will add, hope-
lessly aspired to.

+ Here, again, what would be his astonishment to find New York,
the favorite seaport for importations to Upper Canada, and Portland,
(in Maine) to Montreal.

ants of the
om Britain,
to them by
t be landed
y must be
wr Montreal,
ded to send

ry article of |

: upper dis-
; in boats to
for the pur-
on, and that
-xport must,
ry, become

1a
a. |

4

|

es and taxes jj
lature of the
the division }

ted that the

due time,
port of the
province, it

urpose,will
rtations. It
es the most

embers, to

P isolation of the
r asitis fashion-
is still, it seems,
pts of 1837 and
e will add, hope-

find New York,
la, and Portland,

igs :

a secemenn ssi
(cs ae EE a Wm CO
ee
.

87

+ consider how far the people inhabiting the chap.
@ upper government will approve of, and be con- ia:
tent to pay taxes or duties on their importadons 47,,
or exportations, when the produce of those»
taxes or duties is to be applied towurds sup- —

porting the expenses of the civil government of
the lower province, or for building public edifi-

ces; or otherwise improving or beautifying
that part of the country; or the purpose of
f granting bounties or encouragement to promote

agriculture or particular trades or manufactures,
of which the people in the upper province

mm cannot, from their situation, im any manner
i participate in the advantages. ;
= “It is impossible, sir, if the province of
Quebec is divided, for the wisdom of man to
lay down a plan for these objects that will not
afford matter of dispute and create animosities
B between the governments of the two provinces
‘which, ina few years, may lead to the most
serious consequences.
er money is jag the seeds of dissension and quarrels which,

um however easy it may be to raise, it wili be found
extremely difficult to appease.

This would be sowing

‘¢ I see, sir, there has been amendment made

fto the bill, in the committee, relative to the
‘duties which may be ordered to be levied by
}parliament for the regulation of commerce,
which is—‘ that parliament may appoint and
‘direct the payment of drawbacks of such duties
so Imposed.’
‘to give drawbacks to the upper part of the
‘country on such goods as are carried there

This, sir, I suppose is intended

« .

Chap. Which may have paid duties of entry on impor-
MI tation jato the lower country. But this will
17744 Open a wide door for smuggling in a country

to
1791.

—-

where there is no possibility of preventing it,
and I am sure the people of the lower country
will not be pleased to see large sums of money
levied on the importations drawn back by

‘smugglers. This will be found a very ineffec-

tual mode of providing a remudy for an object
of that importance,.and may have the most
serious consequences by raising questions of
the most delicate, and, to the province, of the
most interesting nature.

“In short, sir, this division appears to me
dangerous in every point of view to the british
interest in America, and to the safety, tran-
quillity, and prosperity of the mhabitants of
the province of Quebec. . It ‘may, perhaps,
have been alleged in favor of dividing the pro-
vince, that the distance which some of the
deputies of the upper districts will have to
travel to meet those of the lower districts in
legislature, would be inconvenient and expen-
sive; but, sir, is the convenience of fifteen or
twenty members of the legislature an object of
such moment that the tranquillity of the whole
of that extensive country must be endangered
to assure their ease? Do not Caithness and
the Orkneys send members to represent them
in this honorable house ? And I will venture to
assure this. honorable house that it will not be

more difficult to travel in the inhabited parts o!

that country than it is from the Orkneys to

at as shee

| impor-
this will
country
nting it,
country
f money
yack by
ineffec-
1 object
he most
stions of
>, of the

's to me
e british
ly, tran-
yitants ol
perhaps,
the pro-
p of the
have to
tricts in
expen-
fteen or
pbject of
e whole
langerec
ness and
nt them
pnture to
ll not be

| parts of

kneys to

sate Ge, eee

89

London. I beg leave on this point to bring tochap. |
ihe recollection of this honorable house that !! i
the distance from Quebec to Niagara is about (774
500 miles, and that Niagara may be considered __

as the utmost extent westward of the cultiva-'’”" Wee
ble part of the province. For although there is Me
a small settlement at Detroit, which is and ae
must be considered of great importance as a
post of trade with the Indians ; yet it must ap-
pear to this honorable house, from its situation, ie} |;
it can never become of any great importance as Me |)

a settlement; the falls of Niagara are an insur- ov
mountable bar to the transportation of such : met
rude materials as the produce of the land.* As hee
the farmers about Detroit, therefore, will have nt

only their own settlement for the consumption
of their produce, such a confined market must - al
greatly impede the progress of settlement and ey
cultivation for ages to come. Sir, as the We
greatest extent of the cultivable part of the pro-
vince westward, may be estimated at 500 miles ae
distance from Quebec, the districts of Gaspé - i)
and Chaleurs Bay are almost as far east of iy
that ‘capital, being about 400 miles distance. %
So that Quebec is nearly in the centre of the a
cultivable part of the province, and when the | RI
roads are properly made, which will be the ve
course in a few years, the distance of either of !

have outstripped his imagination. The progress of the country be-
tween Niagara and Detroit, and, indeed, in alithat western country,
has been wonderful since his day ; and the Falls of Niagara, far
from having been insurmountable, are actually overcome by the ;
Welland Canal.—But these remarks of Mr. L., are like spots in the at
Sun, not blemishes—but subjects for our admiration. el

H 2

\
* Here, also, Mr. Lymburner would be surprised to find how realities :

90

| ©? these places will not be considered as any
| ~~ material objection. :
| 1774 «© ‘This honorable house will likewise con-
1791. Sider that in such an extensive country it is
impossible to fix the residence of government,

or the seat of legislature and superior courts in = ©

any place where some of the members of the |
‘assembly, if they are residents of the districts

for which they are chosen, will not have a_ |

great distance to travel; and, therefore, 200 or |

300 miles is not an object of consequence,

more particularly when it is considered that it 4

will be through the old settled part of the j§
country, where the roads are tolerably good, jf
accommodations. convenient, and travelling ex-
peditious. Besides, it cannot be expected that

the new settlers wiil be for some time suffi-

ciently advanced in the cultivation of their [@
farms to find it convenient to be absent from (@ he
their homes three or four months, for the ser- “FH be
vice of the public, either to meet the legislature lati
in their own country or at Quebec; and itis # '&e
more than probable that they would, forsome 7 2°
years at least, prefer choosing for their deputies (@ hes
gentlemen residing in Quebec and Montreal, @ ©®!
who being connected with them in the line of — lec
business will be sufficiently interested inthe | td
prosperity of these countries to make them
attend to any thing that concerns the new (@ "PI
settlements. : 4
« Ali the trade of these upper settlements | °°!
must, from their situation, depend on and | ya

centre in Quebec and Montreal. The difficul-

s any

> con-
y itis
iment,
urts In
of the
istricts
vave a
200 or
uence,
that it
of the
good,
ing ex-
ed that
» suffi-
their
t from
he ser-
slature
d it is
r some
eputies
mntreal,
line of
in the
them
e new

pments
mm and
ifficul-

nes as op 32 ea

a

91

ties of communication in the mercantile line Chap-

are already very great, and require much _ per- —
severance and industry to overcome them.— 1774
This intended division will naturally create.,79,
many more obstacles, and will immediately be
injurious to and eventually operate to the ruin

of both countries.

“ Sir, it may likewise have been asserted in
favor of the division, that the loyalists in the
upper districts must havea code of laws for
landed property and inheritance different from
that of the lower districts, where the tenures
are all on the feudal system; but that is an
argument which cannot have any great weight
with this honorable house. The union of Eng-
land and Scotland, under one legislature,
shews that though two countries or districts
may have different laws to regulate and govern
their courts of justice, one’ legislature may
be fully sufficient for all the purposes of legis-
lating for both, and can attend tothe laws and
regulations or alterations that may become
necessary or convenient to either. I have not
heard that the people of Scotland have ever
complained that their interests have been neg-
lected by the british legislature, or that such
laws and alterations as have appeared neces-
sary, have been at any time refused. The
upper districts, therefore, can have no just
cause to be afraid of being included as mem-
bers of the province of Quebec.

‘« ‘There are, sir, between three or four thou-
sand loyalists settled upon the banks of the

. rear ie tthe be aaa, sor AE ONS ee cheeses pies
* ston = —- ee Avi ic green one, ro enmia

vexcteainsips ia seages geostlbarrenyimne-citng “osecaniteaepensat m= eon Hina? wae eared

oe mn i Nn

ne
ee

Atanas hen «So

Chap.

1088

1774
to
1791.

92

river Cataraqui and the north side of lake
Ontario, in detached settlements, many of them
ata great distance from the others, besides
those on Lake Erie and at Detroit. Civil
government cannot have much influence over a
country so thinly inhabited, and where the peo-
ple are so much dispersed. During twenty
years that I have resided in that province, I do
not recollect a single instance of a highway
robbery ; and the farmers consider themselves
so secure that they often go to sleep without
bolting their doors.

«‘ The crimes which have been brought be-
fore the criminal courts in the province have
been generally committed in the towns and
their vicinity, where the concourse of strangers
encourages vice and immorality, and where
idleness, drunkenness and dissipation lead to
quarrels, thefts, and sometimes, but very sel-
dom, to higher crimes. It will be evident, from
these facts, that a criminal judge will have very
littie to do in these upper districts where there
are no towns, and where a stranger must at ail
times be a desirable sight. :

“In the year 1788, lord Dorchester, in con-
sequence of an ordinance of the legislative
council, divided these upper settlements into
fcur districts or counties, and, for the conveni-
ence of the people, established a court of com-
mon pleas in each district, and appointed judges,
justices of the peace, and sheriffs for each;
and these people, ,since that time, have had
their courts regularly. How far it may be

satin i

. lake
f them
esides

Civil
over a
e peo-
‘wenty
e, Ido
ghway
selves
vithout

tht be-
e have
ns and.
‘angers
where
lead to
ry sel-
t, from
e very
p there

at ail

n con-
slative
its into
ynveni-
f com-
udges,
each ;
e had
ay be

ha, oa FS

93

proper to appoint a chief justice having juris- Chap.

diction over the districts, to act as a criminal
judge when necessary, and with a lieutenant
governor, to carry into effect the powers and
orders of government, to form a court of errors
or appeal, to revise the proceedings of the
courts of common pleas, I shall not presume to
say ; but such an establishment cannot be any
impediment to the union of the country under
one legislature ;—and I beg leave humbly to
suggest for the consideration of this hongrable
house whether a large society, from the variety
of contending interests which it includes, may
not be more easily managed and governed than
when it is divided into smaller and more com-
pact bodies.”

How far Mr. Lymburner’s anticipations have
been realised let the events answer. Any man
who is at all acquainted with the course of
public matters in Canada and its general his-
tory, for the last forty years, will not fail to
appreciate the wisdom and the foresight with
which he treated his subject before the repre-
sentatives of the kingdom. According to the bill,
the legislative council was to consist of coun-
cillors appointed for life by the king, and to
hereditary titles of honor his Majesty was
authorised to annex the right of being called
to this council; in other words, to establish an
hereditary canadian peerage or aristocracy.
On this Mr. Lymburner remarks :—

« By the bill now under the consideration of this
honorable house, it is proposed that the office of

Hl.

wow
1774

to
1791.

Ka ie 3 rinse : - : ; a
a en nner ag en em Se eA Te a

III.

to
1791.

~only one half of those of his father’s landed

94

Chap.member of the legislative council may, at his

Majesty’s pleasure, be made hereditary : that is,

i774 to form a kind of nobility or aristocratic body in

that province. ‘This, sir, is going further than
the people have desired, as this honorable
house will see by their petitions, for they have
therein only requested that the councillors
should hold their-places during their life and
residence inthe province. This they consi-
dered was all that was necessary for them to
ask, or that was proper and expedient for the
the vresent to grant them. ‘The idea of here-
ditary councillors, like many other speculative
opinions, has more ‘of plausibility i in it, than of
real advantage. It is an expedient extremely
dangerous in any infant or young colony, but
it must appear absolutely ridiculous in the
province of Quebec, where there are so few
landed estates of any considerable value, and
where, by the laws of inheritance, these estates
must, at every succession, be so much subdi-
vided. The laws of primogeniture, as followed
in this kingdom, enable the representatives of
noble families to support the dignity and splen-
dor of their situations, and to live in that state
of independence which secures the proper
respect to their elevated rank, as hereditary
peers of the realm; but, sir, the french laws
relating to succession and inheritance, which,
by this bill, are intended to regulate the landed
property of the lower part of the country, give
to the eldest son, on the death of the father,

esté
i fre
$e!
othe
the
as tl
and
ed t
the
ther
who
fief ¢
clea
hon
of
here
oper
denc
sion.
gent

om Cant

thell
to tl
pop
prol
of h

, at his
that is,
body jn
er than
norable
2y have
ncillors
ife and
consi-
hem to
for the
f here-
ulative
than of
remely
‘Vs but
in the
so few
e, and
estates
subdi-
llowed
ives of
splen-
t state
proper
ditary
laws
hich,
anded
» give
ather,
anded

‘french law noble tenure, that is, in fief and 1.

%@ cance; and the hereditary councillors, ‘from
| their poverty, become the objects of contempt

of heirs. It may, therefore,
/ ina few years, to support the dignity of that
' council by new creations, without increasing

if lies of these hereditary councillors may be dl
_ supported in an independent situation, by intro- Mi

95

| Hahah
estates, which are held by what is called in the pay, uh
' ree

other half of these estates is divided amongst to
the other children; and the moveables as well !”*!: He)
as those landed estates which are held by grant mai) ||
and concession from a subject, which are call- ey |
ed base tenures, are equally divided among all ae
the children, male and female. Therefore, as i i!
there are very few geatlemen in that country |
who possess estates of the first description, in Mee |
fief and seigneurie, which produce to them a | vi)
clear annual revenue of £500, sterling, this | i
honorable house must perceive the impropriety . if

of making any honorable posts in that country
hereditary. or these estates, from the mere
operation of law, independent of the impru- ne
dence of the possessors must, at every succes- tet
sion, be reduced to one-half; and, in two | |
generations,’ must inevitably sink into insignifi-

| Ve i
seigneurie immediately from the crown. The i
}

to the public. Sir, the amazing progress of i
population in that country, points out the little ma
probability of places becoming vaceat for want and
be found difficult, a)
hdd
}

bi
the number of the members té6o much. 3 itt
“« It may, perhaps, be said, sir, that the fami- 1

ducing the laws of primogeniture into the iit

t

If.

96

«

Chap. constitution of that country. I shall not attemp

to discuss the advantages or disadvantages

\774 Which that law produces in this kingdom ; bu

to
i791.

I can, without any hesitation, assure this hono-

rable house that it would be extremely injurious |

to that province. The french law, as followe:!
at present is, in that respect, much better

great benefit and advantage to cultivation and
population, that landed property should be
divided and fluctuate and change its owners ;

‘calculated for a young province, where it is of |

and more particularly as some establishment is |

necessary for the younger branches of families
in a country where there are no manufactures,

and where a young person, without fortune, |

has few opportunities of setting out in life in »
respectable line.

‘¢ But suppose the law of primogenitur:
shall be established, and the estates of these
new created hereditary councillors thereby
secured undivided to the oldest son: Suppose
even that the estates now belonging to ines:
new councillors shall be entailed upon their

heir at law; all that would have very little |
effect, and those estates would be far from @

sufficient to support the dignity of hereditary

councillors, which, probably, would be consi- |

dered the highest rank in that country. For, §
poor as that country really is, in consequence §

of the oppressive system of laws they have been

kept under, there are now among the mercan- |

tile gentlemen in the province, those-whose

moveable fortunes are perhaps equal, if uot

«

ot attemp: |

dvantages

dom 3 bu: |

this hono-

injurious |

; followe:!
ch better

re itis of |
‘ation and |

hould be |

Owner's ;

shment js
f families |

ufactures.

t fortune, |

n life in »

genitu

of these :

thereby
suppose

. lL
to inese

hon their §
ery little |
far from @

ereditary

be consi- |

yee For, |

Bequence
ave Deen

mercan- |

Se-whose

l, if not &

t

97

superior to any of the seigniorial estates, and ‘hr.
who, from the employment and support they
give to thousands of the people, have infinitely 1774
more influence in the country than the seig- ,75,

neurs. For it would not be difficult to prove

| to this honorable house that the seigneurs are

almost universally disliked by their tenants;
but this is a natural consequence of feudal
servitude when its strong support, a slavish
dependence on a great chief, is removed.

“From these facts, | hope this honorable
house will see the impropriety, and I may say,
the danger of rendering the place of councillor
hereditary in that province. The country is
yet too young, andthe people are too much
dispersed to admit of that refinement; and the
fortunes are too small to support an establish-
ment of that kind,or a proper style of indepen-
dence.

‘“ How far it may be proper and judicious,

if his Majesty should so incline, to confer here-
ditary honors on gentlemen of the greatest
property and influence in that country, by way
of attaching them more strongly to the iaterests
of government, it would be improper for me in
this place to discuss. But if such a plan is
considered expedient, these hereditary honors
ought to be independent of the place of coun-
cillor. These gentlemen may, at the same
time, be admitted of the council, and on the
demise of any of these honorable councillors,
the son who succeeds to his father’s hereditary
honors may, if his Majesty pleases, be named
I

98

©

Chap. to succeed to the vacant seat at the council |
ll. board ; for the place of councillor will ever be |
1771 considered as honorable in that country, unless

179

to itis degraded by the insignificance and incon:
sequence of the members, which it is extreme-

ly probable will be the case, if the places ar
made hereditary. For, supposing that th
councillors to be appointed in consequence o/

{

this bill, should really be those who have the |

greatest influence and possess the greates'
fortunes in that country, this honorable house
must perceive, from the very small value of th:
landed fortunes, that the only means of accu
mulation must be by the operations of trade
and commerce ; and I think I may venture to
assert, that it is more than probable, in twent;

years, nay, perhaps in ten years, a new set ©! |

men may come forward who may have acquir-
ed and realised fortunes much superior-to an\
now in that country; and who, it is natural {o
suppose, will possess a proportional degree o!
political power and influence.

“| shall hope that these arguments are sulli-
ciently powerful to convince this honorabl:

house of the impropriety of making the place
of councillor hereditary ;* as it may, in a few

years, greatly embarrass government, and be |
the means of degrading the aristocratic branch |
of the legislature, from their poverty or their |
numbers, in the eyes of the public, which | |

* The provision, however, was persisted in and became part ©:
the act, but was never, in any instance, acted upon in either of 1
Canadas.

ap .
offic
the
pro
pro
and
he
free
isa
cou
com
legis
gOve

hou

han
no!

| hou

pro’
sucl
the
im]
sett!
nou

ing

rintl

nies

e counc)|
ill ever be
try, unless
ind incon:
extreme-
slaces ar
that th
quence 0}
y have the |
> greates
ible house
alue of th:
3 of accu
s of trade
venture to
in twent;
new set 0!
e acquir
ior to an
natural to
degree o|

— ——

sare sulli- |

honorabi:

the place |
in a few |
t, and be
ic branch §
or their |
which | |

pcame part ol |

either of th:

—

| nies. From the nature of the settlements, there

99

submit as an object of very serious considera- Chap

tion to this honorable house.”

Passing over a variety of other interesting }>7)
matter in Mr. Lymburner’s discourse, the fol- to
lowing particularly deserves attention :—* [ '""
‘likewise observe that the governor is to be

vested with the power of nominating and
appointing; from time to time, the returning
officer. Sir, this is placing the whole power in
the hands of the governor ;—he is to divide the
province as he pleases,—he is to order the
proportion of representatives as he pleases,—
and he is to have the power of naming whom
he pleases to act as returning officer. Sir, the
freedom and independence of the legislature
is an object of the utmost importance to every
country ; and it has been one great cause of
complaint against the Quebec Act, that the
legislature was too much dependent upon the
governor. But. sir, I know that this honorable

house will not place so much power in the

hands of any man, particularly where there is
no responsibility. I know that this honorable

| house will make such provision as will save the

province from the dangerous consequence of
such unlimited power. Sir, the distribution of
the representation is an object of the greatest

importance to the province, and ought to be

settled, in a certain degree, by this honorable

house: I hope I may be excused for presum-

ing to say that there has been a radical defect
in the representation of all our american colo-

= “4 y
OI eS ee ee

Chap. are few towns in these colonies, and as these
Ji towns have had only their proportion of repre-
‘ova Sentatives, the landed interest has always
22. been too prevalent, and has, at times, greatly

100

‘oppressed the commerce* and impeded the
operations of government. In this kingdom,
sir, of 558 members of which this honorable
house is composed, there are only 122 knights
or representatives of the landed interest. I do
not mean to enter on the discussion of the
propriety of that division, but I hope it will be
allowed that the towns ought to have such a
proportion of representatives as to preserve
the equilibrium between the two interests,
which is for the general benefit of both. * *
In the province of Quebec, sir, we have, in
fact, only three cities or towns; and if these
are to have only the proportion of representa-
tives which their numbers bear to the genera!
population of the province, they will have a
very small representation ; indeed, not above a
seventh or eightu part. This is a considera
tion worthy of the attention of this honorable
house, and I hope they will determine on and
settle the proportion of representatives for the
towns.” * & © K *

** Sir, it may, perhaps, be expected from the
14th clause of our petitions, that in consequenc«
of our being allowed representatives in the

* And such proved to be the case in the assembly of Lower Canadi.

in which, with the exception of the first parliament, the commerce 0!

the conning was never adequately represented ; and such, also, hitherto
has been the case in the parliament of United ‘Canada, swarming wit):
attornies.

as these
f repre-
always
greatly
ded the
ingdom,
ynorable
knights
st. I do
. of the
t will be
> such a
preserve
nterests,
le * *&
nave, in
if these
resenta-
genera!
| have a
above a
nsidera
onorabl
bon and
for the

from the
equence
8 in the

Fommerce 01

arming wit!)

rer Canada,

lso, hitherto

101

legislature, the province shall immediately raise chap.
: I.
Sy aA

the necessary funds for defraying the expenses
of the civil government.
«TI acknowledge that it is the intention of

my constituents that the province should sup-
port these expenses. I will say further, it is a

shame the province has not paid these expenses
many years past;—but there are situations
when the impossibility of doing what is right
and proper obliges an individual, ora public, to
stifle that keen sense of shame, and to expose
their inability to perform those duties which, of
right, ought to be expected from them.

“Sir, that province has been so long op-
pressed by an arbitrary system of government,
and the tyranny of uncertain and unknown laws;
—the country has been so much neglected
and every object of industry and improvement
apparently discountenanced, as to be now
reduced to such a stat. of langour and depres-
sion that it is unable to provide for the expenses
of its civil government.

«‘ Sir, we may be reproached, perhaps, for
our poverty ; nay, we have already been
reproached by some ungenerous minds with
our unhappy situation; but it isa misfortune to
be poor, not a crime. Is it not a natural, if not
an infallible effect of arbitrary government ?—~—
Have not poverty and wretchedness ever been
the attendants of arbitrary power ?—Italy,
Sicily, Greece, Asia Minor, the coast of Bar-
bary, were rich, populous, and powerful coun-

12

1774

to
S791.

pega

102

Chap: tries while they encouraged free governments.

to

1791.

« Sir, to recite all the : species of oppression

‘4774 which that country-has suffered would encroach

too much on the indulgence of this hono-
rable house. We have been told that ignorance
and poverty were the best security for the
obedience of the subject ; and that those who
did not approve of these political principles
might leave the country. We have, however,
the happiness, sii, this evening, of seeing our
affairs submitted to the inspection and discus-
sion of this honorable house. But, sir, we have
had a long and painful struggle to arrive at this
desirable issue. We have had to encounter
numberless difficulties which the pride and
insolence of a set of men, whose minds were
corrupted by the exercise of despotic power,
have thrown in our way in every step we made,
and it is only by great perseverance that we
have been able to overcome these difficulties.
But during this long contest the country has
been exhausted, and we hope this honorable
house will exercise that tenderness and gene-
1osity towards us which our unfortunate situa-
tion requires. Such, sir, has been the unhappy
tendency of the government of that province,
that not only the people have been oppressed
end the resources of the country neglected ;

but almost every public building in the province
has been suffered to fall to decay and perish.
There is nota court house in the province,
nor a sufficient prison, nor a house of corréc-
tion:—there is not a public school house. In

103

aments. short, the country is reduced absolutely to a chap.
‘ression | state of nature. These are objects which wil, IL.

ncroach if require the immediate attention of the new 377,

-hono- (legislature. Besides, a house must be prepared e 4

am - for the reception of the legislature—the travel- 1

for the ‘(a ing expenses of many of the members must

sse who ff probably be paid, and, perhaps, a daily pay

inciples | during the time of sitting. Taxes or duties

owever, j_ must be laid on the people to build the neces-

ing our { sary edifices; and, to provide for these and

discus- | other purposes, which, added to what may ve

ve have necessary to be employed i in bounties and pre- |
eatthis mums to engage the farmers to change their ae |
counter ime present miserable system of farming, and to
de and encourage the preparing of our produce ina ee
Is were | better manner, to suit the different markets, haw
power, | will be as much as the province can possibly a q
emade, | ‘aise for some years. a
that we ‘‘ It may, perhaps, be said that Britain has ny
culties. been burthened already too long with the ex- Vite
‘ry has fe penses of our civil government. Sir, 1 agree i | |
‘norable | that it has been too long the case, but it has i
dgene- @ 2° been our fault. It might have been other- Aut
esitua- |@ ‘vse Many soar ago, if our petitions had been He it
inhappy @ attended to. ** * TI therefore hope al
ovince, | | this honorable house will either order the Hi } |
pressed | necessary provision for the purposes have men- ia
lected: |& tioned, or release the province of the expenses ii
rovince of the civil list for a certain number of years.””* Ht
perish. i | * This was complied with, it must be admitted, most liberally, at
ovince, “ least with respect to LowerCanada. It was not, as will be seen in

wm = the sequel, until 1818, that the assembly of this province was called
correc- jm upon, pursuant to their voluntary offer in 1810, to vote the necessary
se, In | expenses of the civil government.

104

Chap. Mr. Lymburner again resuming the subject # m
JT. of the intended division of the province into | tid
‘t77a two, observes :—* It isa rule, I believe, univer- @ pl

i sally followed in common life, when the alter-

| in

| ‘native of two difficulties is given, always to w
Mi choose that which is likely to produce the #@ ha
Hil least evil; and; I presume, the same rule may {th
Hi be adopted with advantage in politics. We (% w

i i! trust, therefore, that in arranging the newcon- he
Hi | stitution, this honorable house willsave usfrom @ hao
i the troubles and difficulties that must result @ ra
Ta _ from the plan proposed in the bill, for, under @ si
Bll a new constitution, it will evidently require @ ne
tt I| - some time not only to make the people fully @ th
W|I acquainted with the great advantages of a free y¢
i) constitution, but also to make them fully com- th

| hend all the duties which a free government §

i prene 8 ni

i requires of the subjects, and,as this honorable — an
Vii house must perceive,the great danger ofdividing | wi

Hh the province and of disuniting the people at | th
Hil such a critical period. i om
iM ! “Sir, I have considered the subject a thou- #@ C:
I sand times since I first heard of this intended | pe

division, but have not been able to form any fa
reasonable idea of the motive which has induc- | m

: ed the proposition of such a dangerous experi- de
ment. If I should admit, whatI do not believe @ be
is the case, that the loyalists settled inthe @ th
upper parts of the province have generally @ ju
requested this separation, I know thatthe wis- @
dom of this house, before complying with the @ ih
wild request of a people, will consideritas @ L
necessary to enquire into the reasons which re

subject
nce into
_ univer-
e alter-
lways to
uce’ the
ule may
S. We
ew con-
us from
t result
*, under
require
le fully
f a free
lly com-
ernment
ynorable
dividing
eople at

a thou-
ntended
orm any
S jnduc-
experi-
believe
in the
enerally
he wis-
ith the
ler it as
s which

= = ATE PRs a ic

oh os | stn ale

105

may have engaged them to prefer such peti- Chap.
tions; for a people may be deceived in political ei
plans by the specious pretences of designing 1774
individuals. Instances of this are, perhaps, me

within the recollection of every member of this
honorable house. When the loyalists began
their settlements in tne year 1785, the lands
were then entirely covered with woods, they
had then to clear the lands and build themselves
houses, and on that account government gene-
rally assisted them, by furnishing them provi-
sions and many other articles necessary for a
new settlement; and though I will allow that
they have, for the time, made great progress,
yet | may safely assure this honorable house,
that before last year, their farms had not fur-
nished them with more than a bare subsistence,
and if it had not been for the compensation
which they, with many others, received from
the generosity of this nation, many of them
must have been at this period in great distress.
Can it be supposed then, that a people dis-
persed as they are, and whose minds have thus
far been entirely “occupied in procuring the
means of subsistence, have had time to consi-
der of their political situation, or that they have
been able to procure sufficient information on
the consequences of such a separation as would
justify such a request to the british legislature ?

“Will any person assure this honorable
house that the loyalists settled in the district of
Lunenburgh, which joins the district of Mont-
real, have advised and consulted with those

ieee i) i
i Ht
Ve nti

Lb yy
Faby? hy |
i +

ae
4 any
Hl |
ett H
bet Hf
Hi : ‘Fi I
an |
atk ae:
’ a
i Ad
he Pa
i bi a
; ah ti
; tiki t}
eed} a
{
Rese baad
ie
} }
: f
' ah
i ‘i
i ni
MT

ik t

ade ae
ey ,
i 1a
ie aay

iB}

106

Chap. Who are settled at Niagara or Detroit, on the

Lil.

i propriety of this measure? I am confident, sir,

‘T773 that no person will assert any such thing ; for,

to

1791.

I believe I may truly say, that few of the people
of these different settlements have ever seen
one another since they began their settlements
except, perhaps, in passing to Montreal.

‘“ What kind of government must that upper
part of the country form? It will be the very
mockery of a province, three or four thousand
families* scattered over a country some hund-
red miles in length, not having a single town,
and scarcely a village in the whole extent; it
is only making weakness more feeble, and
dividing the strength of the province to no pur-
pose. Sir, a measure of this importance ought
not to be adopted on the suggestion of one or
a few individuals. The happiness, tranquillity
and security of every part of the province is
involved in its consequences, and I cannot
doubt that the british legislature will attend to
the interests of the people of every part of the
province. But will it be said that the people
inhabiting the province of Quebec have been
consulted on this grand question? Will any
one assure- this honorable house that this pro-
posed division has been approved of by the
inhabitants of that province ? or that they have
by their petitions, requested it? If any such
petitions shall be laid before this honorable

* A census of the province of Quebec was taken in 1790, which

made the population amount to 224 ,466—(Mr. Smith’s history)-—Mr.

Pitt stated in debate on the Quebec Act, that the population of pepe

Canada did not exceed 10,000, including men, women and children.

ee ee

on the
nt, sir,
2; for,
people
er seen

ements
b
{ upper
1e very
ousand
> hund-
e town,
ent; it
le, and
no pur-
e ought
one or
quillity
ince is
cannot
tend to
of ihe
people
e been
ill any
is pro-
by the
ey have
y such
morable

90, whic hi
ory)-——Mr.

1 of Upper

1 children.

ig SUT ay I

107

house, I hene the honorable members will chap.
consider not only the apparent motive and ten- lI.
dency of the request, but likewise the respon- 7,77
sibility, influence, and numbers of the peti- 1791.

tioners. Sir, if I recollect right, it was said at

passing the Quebec Act, in 1774, that the

french people had petitioned for the introduc-
tion of the french laws and system of govern-
ment into that province. The names of the
french inhabitants had, of course, great influ-
ence on the deliberations of parliament, as,
at that time, they formed, perhaps, nineteen
twentieths of the population of the province.
But, sir, if these petitions had been submitted
to parliament, it would have appeared, so far
from comprehending the whole french people,
that they were signed by a very small number
of them, only about 100; and that even among
these were many very insignificant names.

* * * * * « Sir, when we proposed that
the province should, as soon as ner affairs are
brought into some kind of order, raise the
necessary supplies for defraying the expenses
of its civil government, we considered it a duty
we owed to the empire to relieve Great Britain

of that charge ; but, if the province is divided
| as proposed in this bill, it will most effectually

destroy our hopes and good intentions in that

| respect ; for, although I have no doubt that the

™ united province will, in a short time, be able

to raise sufficient to relieve Great Britain of

@ the expenses of our civil government, I can,

without hesitation, assure this honorable house,

;

chap
NH. \
ial
1774
1791.

108

that it will be absolutely impossible for them
to raise sufficient to support two governments.

« Sir, though it may be necessary, for the
convenience of the people, with regard to the
distribution of justice, to divide an extensive
country into small districts, I hope I shall bi
excused for saying that I think it must be dan-
gerous to the tranquillity of government to
divide it in that manner for the purposes of
legislation.

“ If at any future period, experience shoul:
point it out as expedient for the advantage anc
safety of government, or for the general conve-
nience and prosperity of the people, to divide
that country, it may then be done with more

judgment, from a more certain knowledge of

the consequences of such division. The incon-
veniences that may arise from continuing the
province united under one legislature are few,
and they are well known and understood. The
advantages are unanimity, mutual support, and
strength ; but no man can tell the dangers of
a separation. The dangers, however, to be
apprehended are polilical weakness, disunion,
animosities and quarrels.

* * * * * « What they (the inhabitants of
the province) want is expressed in their peti-
tions now on the table of this honorable house,
and it is nothing more than the principles of
the english constitution. The articles are plain

and simple and easily understood, and what,

as far as my judgment in politics will go, may
be granted without injury to any class of people

i

or them
‘nments.
, for the
d to the
xtensive
shall be
be dan-
ment to
poses of

e should
tage and
il conve-
to divide
ith more
ledge of
1e Incon-
uing the
- are few,
bod. The
port, and
angers of
r, to be
disunion.

bitants o!
eir peti-
le house,
ciples oi
are plain
and. what,
go, May

of people |

109

in the province, or the interest of Great Britain, Chap.
as they are nvarly similar to the constitution of

the other colonies and provinces of the empire.

« They pray, sir, that the Quebec Act may

be repealed in toto, as being too imperfect a
system to serve as a foundation and secure the
tranquillity and permanency of the new govern-
ment, and they have taken the liberty of stating
in a few concise and very clear propositions
or articles, those laws or principles of laws
which they wish may be made fundamental
parts of that new constitution.
_ “ They pray that.a triennial house of assem-
bly or representatives of the people may be
a constituent part of the legislature, with a free
admission therein of roman catholics.

“ That a council appointed by the king be
another constituent part thereof, consisting
of a limited number; and that the members
hold their places for life, residence in the pro-
vince, and good behaviour.

* The laws which they wish to be funda-
mental are,—the criminal laws of England for
the whole province—the commercial laws and
customs of England for the whoie province—
the Habeas Corpus act 31. Charles II., and the
other acts relating to personal liberty for the
whole province—the ancient laws and customs
of Canada respecting landed estates, marriage
settlements, inheritance and dower, for the
districts of Quebec, Montreal and Three Rivers
as at present bounded, with a reservation that
proprictors may alienate by will—the common

K

Hi

Mee!
1774

to
1791.

( hay.
IT]
an ee!
1774
to
1791.

110

law of England for the districts of Lunenburg
Mecklenburg, Nassau, Hesse * and Gaspé.

“That optional juries may be granted in
civil cases, on the same footing as in England,
except that nine jurors out of twelve may b:
sufficient to establish a verdict.

* That the sheriffs, which is an office o!
great trust and responsibility, may be struck
annually, by the governor, srom a list presented!
by the assembly.

“That the judges may not be subject to
suspension or removal by the governor.

“ That offices of trust may be executed by
the principal in the appointment.—These ar
the principal articles which they propose fo:
their new constitution.

** * * * « Sir, 1 consider it as absolutely
necessary that the british parliament shoul:
establish the great outlines of our constitution ;
~——that they should point out clearly those prin.
ciples of law which are to direct and govern
the legislature of the province in their future
deliberations. If that is done, the parties wil!
more easily approach and assimilate together,
and mutually accommodate one another in such
parts of either of the systems as require sol-
tening or modifying.

“There are among both the english and
french inhabitants who are proprietors of lands
held under the feudal grants ;—there are 0!
both who are married and have families ;—an«

* These four districts were in that part of the province of Quebec
which subsequently constituted Upper Canada.

anhury
spe.

nted in
ngland,
may b¢

fice o}
struck
esented

byect to

‘uted by
hese are
pose for

solutely
t should
titution ;
this prin
govern:
ir future
ties wil!
ogether,
rin such
ire sol-

ish and
of lands
e are 0!
$ sand

bof Quebes

hy

Lit

there are of both who have personal dealings ¢,,,.,
The old laws, therefore, !!

ere

and transactions.
which are requisite for these purposes, are
necessary to, and must be desired by both.
But, sir, the whole trade and commerce is in
the hands of, and depends on the english. It
is, therefore, extremely necessary for them to

have laws fitted and applicable 10 the nature of

commercial dealings and transactions. As the
french canadians are not much engaged in these
pursuits, they cannot be much acquainted with
its operations, and may not feel the anxiety
and trouble which the want of proper laws
occasions to the mercantile body. It is only
from its trade that the province can be useful
or in any wise of importance to this kingdom,
and on that account it is the more necessary to
establish such laws as will promote and increase
it. We, therefore, hope, that parliament will
repeal the whole of the old system, and in the
new constitution, give us those parts of the
english and french laws which we have pointed
out aS necessary to us.

* * # * * «T likewise beg leave to submit
to this honorable house, if it would not be pro-
per to insert in the clauses concerning future
grants of land, a power to authorise his Majesty,
with the consent and advice of the legislature
of the province, to change the tenure of the
lands granted and now held under the feudal
tenure, when requested so to do, by petitions
from the proprietors for that purpose. [ mean
that the government should, upon petition,

1774
to
179)

Chap.

ett
1774

to

1791;

112

accept of the surrender of the old feudal grants,
and regrant the same to the proprietor in free
and common soceage. This being optional and
not compulsory, cannot meet with any opposi-
tion; and, inashort time, might be happily
assistant in anglifying the colony, as it would,
by degrees, remove that detestable badge—
vassalage.

“I have now fully stated the defects of the
bill, as it at present stands. My objections go
principally against the following clauses :—

“ The establishment of two independent
legislatures in the province. ;

“ The making the place of couneillor here-
ditary and not limiting the number of coun-
cillors.

‘¢ The small number of representatives in-
tended for the assembly,* and making the dura-
tion of the assembly septennial.

“ The continuing of the laws, statutes and
ordinances now in force, -r supposed to be in
force in the province generaily.

“ The investing the governor with the power
of dividing the province into districts, for the
purpose of representation, and appointing the
returning officer, from time to time, and fixing
the places of meeting of the legislature.

“The claiming of tythes from the distan:
protestant settlers, and not settling the rate.

‘The requiring appeals from the provinc«

* The number originally intended was 30, but this was altered, th:
bill fixing the number to at least 50 for Lower Canada.

}

‘

$ {

|
t
i

é

'

a
.
P

rants,
. free
al and
)posi-
apply
vould,
dge—

yf the
ons go

© es

endent

here-
coun-

es in-
e dura-

es and
4 be in

power
for the

ate.
rovince

altered, th

ing the
1 fixing

distan'

LL TL LE LL —_—

113

to go before the king in council, in their Pro- Chap,
Ul

gress to his Majesty in parliament.

« The additions we wish to the bill I have j774

stated before.”

ry ® , . l
Che reader will perceive, in the next chap-

ter, that the bill, before it became law, under-
went accordingly, various alterations.

“« Sir, we know that a free government will
not act like a charm and produce wonders.
We are sensible that it will occasion some
trouble in the first years, till the Shia get
accustomed to its operations. We do not
expect that every thing is to-prosper and flou-
rish immediately on its establishment; but we
hope and expect that, in a few years, its bene-
ficial consequences will be felt by the people
and become evident to the observation of
government ; ihat the new legislature may be
able to rouse the people from their present
inactive state, and by bounties and encourage-
ments, stimulate them to industry, enterprise
and invention.

“« Such are the hopes we entertain of the
advantages which the united province may
derive froma liberal constitution, and it will
be our chief glory to convince the british nation
that the province of Quebec is and ought to be
considered as a valuable appendage to the
empire.

‘ But, sir, if the province is to be divided
and the old system of laws continued ;—if it is
expected that either part of the province, sepa-
rated as proposed in the bill shall, in its present

K 2

79

to

1.

ot ee et te Ee
ool > ~ nae

1
At
a)
{
t }
aie .
i ia |
} j
Ss iH
anos a:

‘
dh Was
Be TT ett
ve K

,
; y
iu |
|

{ inal

mh

’ |

114

Chap.eXhausted and impoverished state, raise the
il. supplies for supporting the whole expenses o/

1791

i774 government—it will be reducing the province
to toa situation as bad as the children of Isreal
‘in Egypt, when they were required to make

bricks without straw.—The people will see
that the apparent freedom held out by the new
system is delusive, and the new constitution
will complete that ruin which the former per-
nicious system had left unfinished.”

These copious extracts from Mr. Lymbur-
ner’s* address, will give the reader a tolerable
idea of the state of the province at that time,
and of the opinion which the british inhabitants
of the colony, whom that gentleman represented.
entertained of it, and better, perhaps, than could
be gleaned from the journals of the day, and
pamphlets which, from time to time, ai
the period from which we are starting, 0:
since, have made their appearance on canadian
affairs. It is scarcely necessary to observe

* This well-informed and highly respectable man lived iong enough
to see several of his predictions verified. The following notice of his
decease is taken frum a Montreal paper of March 1836 :—‘ The late
Adam Lymburner, Esq., died at his residence in Bernard street, Rus-
sel square, London, on Sunday the 10th day of January last, at the
advanced age of 90. His remains were interred at St. George's
church, Bloomsbur ; and at his particular request laid alongside 0!
his friend the late Alexander Auldjo, Esq., formerly of this city. Mr. |
came to this country upwards of 60 years ago. In 1776 he datas’
to the business of his brother, the late John Lymburner, Esq., wh:

sailed from Quebec in the fall of 1775, and the vessel with all on board

was lost on the passage. Mr. L. was a native of Kilmarnock, Ay:
shire. He was for many years a member of the executive council 0'
this province, and was called to the bar of the house of commons
give evidence regarding Canada affairs, where he strongly oppose:!

the separation of the two provinces.”——-Quebec ae 10th

March, 1836.

i
i
;
*

a ~

Oy

YreS— a

a ee a ee ee ee a eee |

ise the
mses oO}
rovince
. Isreal
oOo make
will see
the new
stitution
ner per-

aymbur-
olerable
iat time,
1abitants
esented.
an could
ay, anc
ime, ai
ting, 01
anadian
observe

iong enough
notice of his
—‘' The late
h street, Rus-
| last, at the

St. George's

alongside 0!
city. Mr. L
he succeede:
» Esq., whi

all on boar’

arnock, Ay!

ve council 0!

commons t:

gly oppose’
fercury, Ol

ae TRS _

115

that the government was not to be turned from
its purpose, and that the province of: Quebec,
was accordingly divided, and the two provinces
of Upper and Lower Canada erected in its
stead, which, after remaining distinct provinces
during fifty years, are now reunited since 1841,
inclusively, by act of parliament.

It is to notice and put on record, for the
perusal of the general reader of our own

day, and for that of the future historian of

America, the principal political and other
interesting matters that have characterised the
existence and career of Lower Canada, as a
british province of foreign origin, and enjoying
a constitution like that of the neighbouring
province, modelled, as far as circumstances
would admit, after that of Great Britain, and
under the same charter, that the present is
intended, and that they may judge how far the
reunion that has taken place of the two pro-
vinces may have been necessary and called for.
As to the results, be they beneficial or the
reverse, time alone can truly develope them.
—The work will be one of some toil, but
as concise as may be consistent with a clear
understanding of the various subjects neces-
sarily introduced, yet we entertain a hope
of getting through it, and to survive the accom-
plishment, however laborious it may be.

Chap.
nt
Se Aad
174
to
1791.

Nt

1791.

CHAPTER IV.

The governor in chief, lord Dorchester, embarks for Eng-
land, on leave vi absence—The lieut.-governor, Aiured
Clarke, Esquire, assumes the government—Arrival of his
royal highness prince Edward, commanding 7th royal
fusiliers, from Gibraltar—The constitutional act and its
principal provisions—commences 26th December, 1791
—Lower Canada divided, by proclamation, of 7th May,
1792, into counties, cities, and towns—general elections
~-representatives chosen— provincial parliament convok-
ed---meets at Quebec,17th December—governor’s speech,
ond proceedings of the assembly—mail communications
at this period between the province and England, &c.

Tue governor in chief, lord Dorchester,

~ embarked at Quebec, for England, on the 17th

August, on board H. M. ship Alligator, and
sailed on the following day, leaving the govern-
ment in the hands of major-general Alured
Clarke,who, by proclamation, accordingly gave
notice that it had devolved on him, in conse-
quence of the absence of lord Dorchester, by
leave of his Majesty. His lordship received,
on the eve of his departure, several warm and

very flattering addresses expressive of the res-_

pect entertained for him by all classes.

His royal highness prince Edward, command-
ing the 7th, or royal fusiliers, arrived with his
regiment, from Gibraltar, in H. M. ships Ulysses
and Resistance, at Quebec, on the 12th August.
The arrival of his reyal highness, (fourth son of

a

ton
the
}

how 1

upe
ject
7

une

ur Eng-
Aiured
‘al of his
th royal
t and its
rr, 1791
th May,
elections
convok-
speech,
nications
&e.

hester,
ie 17th
r, and
‘overn-
Alured
y gave
conse-
er, by
reived,
‘mm and

ymand-
ith his
lysses
hugust.
son of

he res:

NONE I ETS

117

the king, and father of her Majesty our present Chap.
most gracious sovereign) at this period, seemed pres
auspicious, and was hailed by the citizens of 1791.
Quebec, who, after receiving him with great
demonstrations of respect waited upon him
with an address, for which, in suitable terms,
he returned them his grateful acknowledgmeuts.
His royal highness became popular and a great
favorite with the inhabitants of this city, as
generally he was wherever he sojourned, resid-
ing among them on the best of terms, and never
so happy as when contributing, in some shape
or other, to their festivity, their comfort, their
assistance or relief.—He seemed to be acquaint-
ed with every body of respectability, and every
body knew, esteemed, and loved THe Prince,*
who, young; active, and vigorous, was ever,

* The following anecdote is related of his royal highness :—~
‘ At Charlesbourg, on closing the poll of the county election on
Wednesday last the 27th of June, ariot, at taking down the place of
the hustings, was upon the point of bursting out into open vioience.
The instant Prince Epwarp discovered the exasperated crowd, he
came up and took a position to be seen by all, and gave the command
ior silence.

“ Can there be (said his royal highness in pure french, and with a
tone of affection and authority) aman among you that does not take
the king to be father of his people 2”?

His words were answered with huzzas and cheers of God save the
king.

‘“Isthere a man among you (added the Prince) that does not look
upon the New Constitution as the best possible one, both for the sub-
ject and the government 3”

The huzzas were repeated.

‘‘ Part then in peace, (concluded his royal highness) | urge you to
unanimity and concord. Let me hear no more of the odious distinction
English and French. Your are all his britannic Majesty’s canadian
subjects.”?

The tumult ceased, menace, rage and fury, gave place to language
ot admiration and applause.

May the laconic and effectual oratory of Prince Epwarp, and the
wisdom of his council, be universally attended to and everlasting! ¥,
remembered.——~-Quebec Gazette, 5th July, 1792.

118

Chap. without sparing himself, foremost at the head
of his gallant. men, in lending a hand at
1791, Tor subduing fires that accidentally, “day or night,
broke out in the city, or on any other emer-
gency in which he could do a good turn to the
citizens. The discipline of his regiment was
strict and severe; but his royal highness libe-
rally patronised merit, never losing sight of the
individuals however humble or obscure his
station, or birth, whom he found deserving
of his confidence and once took by the hand.
Remarkably temperate in his habits and regular
in business, he patronised these qualities, par-
ticularly in those serving under him, and to all
in whom he found such, the path to promotion
and to honor was laid open through his influ-
ence, and their attainment depended but upon
themselves. ‘The patronage of his royal high-

* _
> is >
ome et EE
.

i
i
1 |
i
\j
‘

aes tes
ness was, in itself, a proof of merit, none fF...
obtaining but such as were ascertained tobe @ }).,
deserving of it, and of which, when he could, @ Es
he inva riably made himself the judge. be

The constitutional act repealed so much of @ |...
the Quebec act as related to the appointment Bow,
of a council for the affairs of the province of (@ q,,
Quebec, and the powers given to it to make # >
ordinances for the government thereof. bak

His Majesty’s message expressive of. his pay
intention to divide the province of Quebec into @& .,,,
two separate provinces, as previously noticed, ols
to be called Upper Canada and Lower Canada, cae
being recited, it was enacted that a legislative ai

council and assembly should be established in

119

each province, with power to make laws for the chap.

he ‘Rend peace, welfare, and good government thereof. !Y:

at The members of the legislative council were 775),
ees ‘o be appointed by the king for life, and in
ihe Upper Canada to consist of not fewer than
vale el seven, and in Lower Canada not fewer than
sua. fifteen persons. No person not being of the
Heil she full age of twenty-one years, and a natural born
| hic subject of his Majesty, or naturalised by act of
auteeins the british parliament, or a subject of his Ma-
i iad jesty by the conquest and cession of Canada,
deleatiar could be appointed to it. His Majesty was
aha authorised to annex to hereditary titles of honor,
es; all the right of being summoned to the legislative
nd _ council in either province.
tb. The governor had the right of appointing a
aie is on speaker to the legislative council. Each pro-
4 hich. vince was to be divided into districts or coun-
ane «ties, or cities, or towns, or townships, which
a he f, were to return representatives tothe assem-
ed to id. M% blies, the governor fixing the limits of such
€ coulc, —@ districts and the number of representatives to
tei ot im be returned to each. The whole number of
“ |@ members of the assembly in Upper Canada
ointment was to be not less than sixteen, and in Lower
hide pe is tm Canada not less than fifty, and to be chosen by
fo make a majority of votes. The county members were
ae hic B to be elected by owners of land in freehold or
in mG in fief or roture, to the value of forty shillings
Sad sterling a year, over and above all rents and
poate ' (charges payable out of or in respect of the
islat oi @ same. Members for the towns or townships

ished in

| were eligible by persons having a dwelling-

120

Chap, Rouse and lot of ground therein of the year

IV.

‘1791.

value of five pounds sterling or upwards, or Who
;, having resided in the town for twelve calenda;
months, next before date of the writ of electio:
shall bond fide have paid one yeaz’s rent for
the dwelling-house in which he shall have
resided, atthe rate of ien pounds sterling pe:
annum, or upwards.

No person being a legislative councillor or a
clergyman of the church of England or Rome.
or a teacher of any other religious profession,
was eligible to the house of assembly in either
province, nor was any person undér lawful age,
to vote at any.election of a member to serve
the assembly, nor eligible thereto ; nor was any
person eligible as such who was not a natural
born subject, or naturalised as aforesaid, or a
subjecttof his Majesty by the conquest.

Power was given the governor to fix the
times and places of holding the first and every
other session of the legislative council and

assembly in each province, giving due notice |

thereof, and to prorogue the same from time to
time, and dissolve it whenever he deemed such
expedient. They were to be convoked once
at least, in every twelve months, and eacl
assembly was to continue four years from the
day of the return of the writs for choosing the
members ; subject, however, to be sooner pro-
rogued and dissolved, at the pleasure of the
governor.

The governor was authorised to give or
withhold his Pannen e s assent to all bills, passed [™

ge it arias
*

e year?)
$, Or Who
calendai
election

rent for
all have
rling pe

sillor or :
or Rome,
rofession.,
in either
wwiul age,
oO serve 1
r was any
ba natural
sald, Or a
st.

to fix the
and every
uncil and
Ue notice

~~

mn time to @
emed such
bked once
and each

from the
oosing the
ooner pro-
ure of the

Oo give ol
ills, passed

B® jesty’s pleasure, were not to have effect till

_ years next after the day when presented to the
® governor for the royal assent.

m either province, except as raipealea or altered
| by that act, were to remain in force, as they ‘Gb
/ might be at the time of its coming into | h “ll
| operation. : |

_by an ordinance of the province of Quebec,
| had been constituted a court of appeals, were,
™@ in each province, to continue so; liable, how-
@ ever, to such other provisions as might be
B dcemed necessary by the new legislatures.

lands, in each province, should be made for the
| support and maintenance of a protestant clergy
| within the same, and such allotment was to be
yas nearly as circumstances and the nature of
the case would permit, equal in value toa

12]

by the two branches, and to reserve such as hec hap
might think fit, for the signification of his Ma- !Y |
jesty’s pleasure thereupon. Copies of all bills ‘yor He
he might assent to, were also to be forwarded Ne
to the secretary of state ; and his Majesty might, |
at any time within two years after receipt by /
the secretary, disallow them if he thought fit.
Bills reserved by the governor for his Ma-

sanctioned and notice thereof given by message
to taé two houses of the provincial parliament,

or by proclamation ; nor could the royal assent
to bills so reserved be given, unless within two

All laws, statutes and ordinances in force in

The governor and executive council, which,

= epi ncean eaceeaaino ne Tie
seth xo ci mc es 7 si

ee conre

It was enacted that an atlotenent of crown

RAMEE A i

¥% t

122

Chap. seventh part of the lands granted, and to be

granted. This provision of the act became,
and, indeed, still is a source of much agitation
and discord in Canada. Far better for it had
it been, if such enactment had never taken
place.

His Majesty was authorised to empower the
governors in each province, to erect parsonages
and endow them, and to present incumbents
or ministers of the church of England, subject
and liable to all rights of institution and. all
other spiritual and ecclesiastical jurisdiction
and authority, lawfally granted to the bishop of
Nova Scotia.

Power was given to the provincial legisla-
tures to vary and repeal the provisions relating
to such allotments for the support of a protes-
tant clergy, parsonages and rectories, and pre-
sentation of incumbents or ministers; but it
was provided that no bills in this behalf were
to be assented to by his Majesty, until thirty

days afier they had been laid before both
houses of the imperial parliament, nor was his |
Majesty to‘assent to any such bill in case of an
address from either of the houses during that @
_ period, requesting him to withhold the royal @
assent from it. The intent of these privileges |

was to preserve the rights and interests o!
the established church of England in _ both
provinces from invasion by their respective
legislatures.

All lands to be thereafter granted in Upper
Canada, were to be in free and common soc-

1233
d to be "| cage, and soralso in Lower Canada, when the Chap
came, grantee required it. [V
gitation The british parliament reserved to itself the 7757
}

atthad fl right of providing regulations or prohibitions,
ah imposing, levying, and collecting duties, for the

r taken regulation of navigation, or for the regulation
fas of commerce, to ‘be carried on between the
wer the said two provinces, or between either of them,
ea a and any other part of his Majesty’s dominions,
ber or any foreign country, or for appointing and
| su ‘ae directing the payment of es so imposed ;
and oe leaving, however, the Suda appropriation
Title ® of all monies so levied, in either province, to

the legislature thereof, and applicable to such
public uses therein, as it might think fit to
apply them.

The governor, pursuant to the king’s instruc-

\
1 legisla- 7@
is relating

m protes- tions, was to fix upon and declare the day
, and nea when the act should commence, which was not
rs; but . to be later than the 31st December, 1791; nor
half Moan was the calling together of the legislative
se ical @ council and assembly, in each province, to be

jJater than the 31st December, 1792.

The above are the principal. provisions in
» the act which conferred a constitution upon
the new provinces of Upper and Lower Ca-

or was his |
case of an |
turing that |

the royal @ nada, respectively, or as much of them at least
privileges MM as it is necessary to quote. By a proclamation
iterests ‘h dated at the Castle of St. Louis, Quebec, 18th
d m both ' November, 1791, of his excellency the lieute-
respect'’ @ nant governor Alured Clarke, Esquire, it was
wUppe | declared that the act should commence within

: the said provinces of Upper and Lower Canada,
mmon soc

124

Chap. respectively, on the 26th December, 1791.—
Y. The proclamation issued on the occasion stat
iz, ed,

that by an order of the king in council,

August previous, the two provinces were dive.
rated by a division line “ commencing at a ston
boundary on the north bank of the lake St.
Francis, at the cove west of the Point au

Baudet, in the limit between the township of

Lancaster and seigniory of new Longueuil,
running along the said limit in the direction
of north thirty- -four degrees west to the wes-
ternmost angle of the “said seigneurie of ney
Longueuil, thence along the north-west boun:
dary of the seigneurie of Vaudreuil, running
north 25 degrees east, until it. strikes the
Ottawa river, to ascend the said river Ae
lake Tomiscanning, and from the head of
said lake, by a line drawn due north eal
it strikes the boundary lme of Hudson’s Bay,
including all the territory to. the westwari!
and southward of the said line, to the utmost
extent of the country commonly called «
known by the name of Canada.”

The day was celebrated at Bieber by a
public dinner, numerously attended by citizens
of all classes and denominations, enlivened by
the Prince’s band of music, and by a splendic
illumination of the city in the evening,—a!!
were agreed (remarks the Gazette) that dis.
tinctions between o/d and new subjects should
henceforward cease, and that they should b«
united in one body-—-as the only means of pro-
moting the happiness and prosperity of the

Si encmnicsnti cco

(791.—
on stat
neil,
e sepa-
a stone
ake St.
Point av
raship of
ngueuil,
direction
he wes:
§ of new
st boun-
running
ikes the
iver into
rd of the
rth until
on’s Bay,
westwart
he utmost
called

bec by a
by citizens

ivened by
a aplencid

pning,— all
| that dis:
cts shoul

should be

ans of pro-

ity of th

mS

i

125

A “ constitutional club” w

whole.
the geritlemen (upwards one hundred and sixty) ”
who had dined together on the occasion.”

By a subsequent proclamation dated at the
Castle of St. Lewis, Quebec, 7th May, 1792,
Lower Canada was divided into counties, cities
and towns, and the limits cf each defined. The

counties were—Gaspé, Cornwallis,
Hertford, Dorchester, Buckinghamshire, Ryche-
lieu, Bedford, Surry, Kent, Huntingdon, York,
Montreal, Effingham, Leinster, Warwick, St.
Maurice, Hampshire, Quebec, Northumber-
land, Orleans, twenty-one in all, besides the
cities or towns of Quebec and Montreal, the
borough of Three Rivers and borough of
William Henry. These counties were each to
return two representatives to the Assembly,

Devon,

* This evening the committee which had been appointed to support
the petition of November 1784, to the King and parliament of Great
Britain, met a number of merchants and citizens at the Merchants’
Coffee-House, and having laid their accounts before the meeting, they
informed them, that the object for which they were elected being
now accomplished, they considered it their duty to resign the office,
and to intimate the resignation more generally by an advertisement
in the public paper.

The committee having declared themselves dissolved,
moved and unanimously resolved,

‘That the thanks of the citizens now assembled, be given to
‘ Adam Lymbyrner, Esquire, for his activity, zeal, and unwearying

‘application, during his agency and mission from this province, to
“ Great Britain, ‘In maintaining and supporting the petition of 1784,
‘for a representation of the people, as a constituent part of the
‘* government of Canada, to the King and parliament of Great Britain.’

The gentlemen who composed the late committee havi ring retired,
it was moved, and unanimously resolved, by the citizens then
present—

‘« That the thanks of the citizens now assembled, be given to the

‘late committee, for their activity, zeal, and unremitted attention,
‘in the faithful discharge of the important trust reposed in them by
their constituents.”*—-Published by order,

Quebec, 24th Dec., 1791.

L2

it was then

W. RoxgurGu, Sec.

was formed by chap

LV

1791.

126

Chap. With the exception of Gaspé, Bedford and
_*~ Orleans, each of which were to return but on
i7gz, Quebec and Montreal were respectively to
return four, Three Rivers two, and William
Henry one, in all fifty representatives.
| A proclamation issued on the 14th of May,
| viving notice that writs of election had that
day been ordered, and were to issue, bearing
teste the 24th of the same month, returnable o1
the tenth day of July following. The elections
Hh accordingly took place in June, and were in
We general warmly contested, and on the whole,
: the people judiciously exercised their fran-
chise, by a good selection of members at this
the outset of the constitution, the best, as some
HG ||) will have it, made during the existence o!
i Lower Canada asa province.t There were
several merchants in the body, of the first stand
ing in Quebec and Montreal.

“The provincial parliament was convoked by
proclamation of the 30th Oct. for the despatch
of business, and pursuant thereto met for the
first time at Quebec, on the 17th December,

SSS

ie bly :—-Gaspé, Edward O’Hara; Cornwallis, P. L. Panet and Jea
! Digé ; Devon, Fras. Dambourges and Jas. Tod; Hertford, P. Mar

Louis De Salaberry ; Buckinghamshire, A. Juc. Duchesnay and J.
Barnes ; County, Pierre Guerout and Benj. Cherrier. Bedford, J. 3
Kent, Rene Boileau and Pierre Le Gras Pierreville ; Huntingdon, Hyp
niere and P. A. De Bonne. Montreal—~West Ward, James MecGi!

and J, B. Durovher; East Ward, Joseph Frobisher and John Richard
son; County, Joseph Papineau and James Walker. Effingham

= > ~ oa oe = : et — > -
meracinineniniiesessomaestosinesteiecinassandinrasiiniesiesy. meetin aaa . = > = SS ee —— = >

ENE LIAeaeeerere as meen faeteaeoememnmeernerone

a ee nee

1792. The honorable William Smith, the chief

+ The following is the retuin as found in the Journal of the Assen.

coux and Louis Duniere ; Dorchester, Gabriel Elz. Taschereau and
Tonnancour, Vainé. Richelieu—-Borough of William Henry, John
a M. H de Rouville ; Surry, Philip Rocheblave and Fran, Malhiot ;
St. Geo, Dupre and G. GC. Lorimier ; York, M. E. G. Ch. De Lotbi-

4d and
ut on

ely 10
V illiarn

_ May,
id that
bearing
able ot
lections
were 1h
» whole,
ir fran-
s at this
as soni
ence 0!
re were
‘st stand

oked by
espatch
t for the
bcember,
the chiet

of the Asser:
et and Jea
ford, P. Mar-
fchereall and
ray and J.M
Henry, John
Redford, J. B
an, Malhiot ;
ingdon, Hyp
h. De Lothi-
ames Met!
ohn Richard
Effingham

127

justice of the province, was appointed speaker chap
of the legislative council, by the lieutenant !¥
governor, ‘Ihe names of those constituting y,)

the legislative council were as below.*

J, A. Panet, Esquire, an old and eminent advo-
‘ate of the Quebec bar, returned a member for
the upper town of Quebec, was chosen by the
assembly for its speaker. f His excellency the
lieutenant governor, after confirming the choice
Jacob Jordan and Jos, La Croix; Leinster, Iran. Antoine La Roque
ind Bonav. Panet ; Warwick, P. P. M, La Valtrie and Louis Olivier.
St. Maurice—Borough of Three Rivers, John Lees and Nicholas St.
Martin ; County, Thomas Coftin and Augustin Rivard, Hampshire,
Matthew N‘Nider and Jean Boudreau. Quebee—-Upper Town, J.
Antoine Panet and William Grant; Lower ‘Town, Robt. Lester and
John Young; County, Louis De Salaberry and David Lynd, Nor-
thumberland, Pierre Bedard and Joseph Dufour; Orleans, Nicholas
Gaspard Boisseau.

* The legislative council, at the opening of the parliament, con-
sisted of—the honorable William Smith, speaker ; J. G. Chaussegros
de Lery, Hugh Finlay, Picotté de Belestre, Thomas Dunn, Paul Roc
de St. Ours, Edward Harrison, Francois Baby, John Collins, Joseph
de Longueuil, Charles Delanaudiere, George Pownal, R. A. De Bou-
cherville, John Fraser.—The receiver general, Henry Caldwell, was
soon after added, making the number fifteen as by law required.

t This excellent man and’ good citizen, served, as we shall see
in proceeding, many years as speaker of the assembly, and without
other remuneration or reward than the approbation of his fellow citi-
zens and subjects. ‘ His brother, Mr. P. L. Panet, is said thus to have
expressed himself during the debates relating to the choice of speaker,
and which deserves to be recorded :~~‘¢ I will explain my mind on
the necessity that the speaker we are about to choose should possess
and speak equally well the two languages. In which ought he to
address the governors {is it in the english or french languayres 1—To
solve the question, -[ ask whether this colony is or is not an english
colony ?~-what is the language of the sovereign and of the legislature
from whom we hold the constitution which assembles us to-day ?—
what is the general language of the empire ?—what is that of one part
of our fellow citizens ?~what will that of the other and that of the
whole province be at a certain epoch? Iam a canadian, the son of
a irenchman—my natural tongue is french; for, thanks to the ever
subsisting division between the canadian and english since the cession

_ of the country, [ have only been able to procure a little knowledge of
| that of the latter—my testimony will not, therefore, be questioned. It
_ is then my opinion, that there is an absolute necessity that the cana-

Chap.
IV.

eve

1792

128

of the house, opened the session with a speech
of which the following are the prominent parts :

*¢ Gentlemen of the Leafatativs Council, and Gentlemen
of the House of Assembly.—-Our most Gracious Sovereign,
always watchful over the happiness of his people, having
aken into consideration the condition of his loyal subjects
of this province and recommended them to his parliament
for such change in their cvlonial government as circums-
tances might require and admit, the act was passed that
has made it my duty, as it is my pride, to meet you in
general assembly, which I have endeavoured to do ata
season least inconvenient to your private interests.

On a day like this, signalized by the commencement in
this country of that form of government which has raised
the kingdom, to which it is subordinate, to the highes:
elevation, itis impossible not to feel emotions difficult to be
expressed.

‘To give an opportunity for your loyal and grateful
ac knowledginents to his Majesty is one of my motives for

calling you together, and that debt discharged, your councils
will, doubtless, be next employed for enacting the laws
necessary to confirm and augment the prosperity of your
country.

*‘ Gentlemen of the House of Assembly --Acquainted as
you are with the condition and desires of the people you
represent, it is from your house the public will chiefly
expect such ordinary provision as the common weal may
require, and I trust, that if any measures conducive. to it
shall necessarily be postponed for mature consideration to a
subsequent vession, no regulation of indispensable utility
will escape your present attention.

‘Gentlemen of the Legislative Council, and gentlemen
of the House of Assembly.—Great Britain being happily at

cians, in course of time, adopt the english language, as the only means
of dissipating the repugnance and suspicions, which the difference ot
language would keep up between two people united by circumstance

‘and necessitated to live together ;~-but in the expectation of the ac-

eomplishment of this happy rev olution, { think it is but decent tha!

the speaker on whom we may fix our choice, be one who can express
himself in english when he addresses himself to the representative ©
our sovereign, ”’-Quebec Gazette, 20th December, 1792.

a

129

peech peace with all the world, and, i hope, without apprehension Chap.
parts : of its interruption, the present moment must be most fit [V,

rand urgent for all those arrangements best made at a season w ~ a
pe of tranquillity and falling within the sphere of our trust. 1792. Hy
) alts i

The conviction I feel of your disposition to cultivate that

vIn } j 2 ° ‘
? ce ya harmony amongst yourselves and each branch of the legis- |
Bune lature, which is always essential to the public good and ae
arhament ty tisfacti akes j essary fi anos Way
; private satisiaction, makes it unnecessary for me to enlarge i
circums- :

upon this subject.

“ Such objects as it may become my duty to recommend
to your consideration shall be occasionally communicated
to you by message.”
cement in The address of the assembly in answer to
has raised his excellency’s speech was cordial :—

ssed that
et you in
o doata

he highest *«« May it please your excellenc y,—T ruly sensible of the
ficult tobe | paternal solicitude of our most gracious sovereign, in watch-

, ing over the happiness of his people, and of the justice and i
d grateful = ig nevolence of the parliament of Great Britain, in granting ih
motives for J to his Majesty’s s loyal subjects of this province, a new and Hig
pur councils Re — liberal constitution for their colonial government, we shall
p the laws # §«ever retain the most grateful and lively sense of the duties Lae
rity of your we owe to the parent state. i nt

** We cannot express the emotions which arose in our

quainted as breasts, on that ever memorable day, when we entered on hae

people you the enjoyment of a constitution assimilated to that form of
pvill chiefly government, which has carried the glory of our »other coun-
n weal may HM try to the highest elevation.
ducive to fi “‘ We beg leave to assure your excellency, that our feel-
eration to 4 ings and those of our constituents, fully sensible of the mag-
sable utility (i nitude of the blessings conferred by the change which

brought us to so memorable a convention, are of the most

gentlemen a lively nature; and next to our gratitude to the almighty
, ft i F f ‘ bad ’ 4
happily at me =osarbiter of the universe, we cannot sufficiently extol the

the only means & magnanimity and grace of the king, the common father of 1
ie difference o! his people, and of that parliament which has so generously a
cireumstances @ co-operated for the establishment, that is most deservedly ae
htion of the ee | the subject of our general joy. vs

yut decent tha!
rho can express
epresentative

)

‘“Itis an unparalleled happiness for us, to have an op-
portunity of presenting to his Majesty our loyal thanks, and
of expressing to him our gratitude; such homage is the

130

Chap, anguage of our hearts, and it is due from us, for all the favors,
IV. with which we have been loaded. ‘That duty fulfilled, we
~~ will turn our attention with most ardent zeal, to forming
1792. such laws, as may tend to the prosperity and advantage of

our country.

“We hear with pleasure that Great Britain is at peace
with all the world, and we consider this as the most favora-
ble time for the consideration of the objects that fall within
the sphere of our charge :—to cultivate harmony among
ourselves and each branch of the legislature, is our most
ardent wish, convinced as we are, that itis a condition
essentially necessary to the public good, and our own private
satisfaction.

“© We will, at all times, give the most speedy and delibe-
rate cunsideration to such messages as we may receive from
your excellency.”

The heutenant governor, immediately after
delivering his speech, sent a message acquaint-
ing the assembly that he had it in command, to
recommend to their immediate attention the
establishment of the number proper to consti-
tute a guorum of the house, and likewise the
forming of such rules and standing orders for
regulating the form of proceedings as might be
most conducive to the regular despatch of
business. He at the same time submitted to
their wisdom whether it would be best to estab-
lish the quorum by an act of the legislature, «
bya standing rule of the house. This matter
created much warm discussion. The quorum

was fixed by a standing rule, at thirty-fou
members, including the speaker ; > but this was
afterw ards, in the same session, reduced to
twenty-six, (a majority of the whole house) anc
at the following session to eighteen, but sub-
sequently again increased.

ey PL aye P i

a“ —— a

e favors,
\led, we

forming
antage of

at peace
st fav ora-
all within

1y among
our most
condition
vn private

ind delibe-
seive from

aly after
.cquaint-
mand, to
tion the
9 consti-
bwise the
ders for
spatch ol
itted ike)
to estab-
lature, or
is matter
quorum
hirty-fou
this was
luced to
ouse ) anc
but sub-

13]

Shortly after the opening of the session, the Chay,

lieutenant governor transmitted the message !V-
following to the assembly, relating to the enact- “>

ment of laws :—

«© Mr. Speaker of the house of assembly,-—I am instruct-
ed by his Majesty respecting the enactment of laws in this
province, upon sundry points, which I think fit to commu-
nicate to the legislature for their information, certain articles
whereof are in the words following :—

« That the style of enacting all the said laws, statutes and
ordinances shall be by us, our heirs or successors, by and
with the advice and consent of the legislative council and
assembly of ovr province of Lower Canada, constituted
and assembled by virtue of, and under the authority of an
act passed in the Parliament of Great Britain, intituled “ an
act to repeal certain parts of an act, passed in the fourteenth
year of his Majesty's Reign, intituled an act for making more
effectual provision for the government of the province of
Quebec in North America; and to make further provision
for the government of the said province ;’—And that no
bill in any other form shall be assented to by you in our
name.” —* That each different matter be provided for by a
diferent law, without including in one and the same act
such things as have no proper relation to each other.

*“ That no clause be inserted in any act or ordinance
which shall be foreign to what the title of it imports, and
that no perpetual clause be part of any temporary law.

“That no law or ordinance whatever be -suspended,
altered, continued, revised, or repealed by general words,
but that the title and date of such law or ordinance be
particularly mentioned in the enacting part.

“ That in case any law or ordinance respecting private
property shall be passed without a saving of the right of us,
our heirs and successors, and of all persons or bodies politic.
or corporate, except such as are mentioned in the said law
or ordinance, you shall declare, that you withhold our assent
from the same; and if any such law or ordinance shall be
passed without such saving, you shall in every such case,
declare that you reserve the same for the signification of our
royal pleasure thereon.

Chap.

LV.

1792.

132

* And whereas laws have formerly been enacted in sev.
ral of our plantations in America, for so short a time, that

~~ our royal assent or refusal thereof could not be had before

the time for which such laws were enacted, did expire, you
shall not assent in our name to any law that shall be enact-

ed for a less time than two years, except in cases of immi-

nent necessity, or immediate temporary expediency ; and
you shall not declave our assent to any law containing pro.
visions which shall have been disallowed from us, without

express leave for that purpose first obtained by us.
upon a full representation by you to be made to us, by oi
of our principal secretaries of state, of the reasons and
necessity for passing such law.”

In answer to this a deputation of four mem-
bers was appointed to wait on his excellency
the lieutenant governor with the humble thanks
of the house, and at the same time to assure
him that the house would.duly attend to his
Majesty’s instructions communicated by mes-
sage, asthe basis whereon safe and sound
le aislation may be raised, private and public
rights secured and protected, and the interests
of Great Britain and this colony lastingly com-
bined.

It may here be observed, that the business
of the house was carried on, and the motions
put by the speaker in english and french, (the
latter being his native tongue,) and that the
journals were kept in both languages. It was
made a einuelng rule of the house “ that no
motion shall be debated or put unless the same
be in writing and seconded ; when a motion is
seconded it shall be read in english and french
by the speaker before debate.”
days after the adoption of this rule resolved t

It was a few

Ricca ae

> her

ed in sev:

time, that
had before
xpire, you
| be enact-
3s of immi-
ency ; and
aining pro-
is, Without
ed by us,
us, by one
easons and

ur mem-
xcellency
yle thanks
to assure
nd to his
| by mes-
d sound
nd public
} interests
gly com-

b business

motions
bach, (the

that the
. It was
‘that no
the same

solved t

motion is
nd french
as a few

™ should be

oases
ae

133

amend it, by adding after the word “ speaker,
the W ords* if he is master of the two languages,

if not, the speaker shall read in either of the

two languages most familiar to him, and the
reading in the other language shall* be by the
clerk or his deputy at the table.’

His excellency also sent down early: in the
session a message relating to a new judicature
system, ‘recommended by the home govern-
ment. <A bill was accordingly, in compliance
with it, introduced in the legislative council
and passed, but did not meet with the concur-
rence of the lower house, which put off the
consideration of it until the .next session;
apologizing, however, for the delay, by a res-
pectful address on the subject, to the lieutenant
governor.

' An immensity of discussion arose as to the
language (english or french) in which bills
introduced, and which was to be
deemed the language of the law. It was moved
“ to resolve that the house shall keep its jour-
nal in two registers, in one of which the ae
ceedings of the house and the motions shall be
wrote in the french language, with a translation
of the motions originally made inthe english
language ; and in the other shall be entered

™ the proceedings of the house and the motions
in the english language, with a translation of

the motions originally made in the french

Janguage.”

To this, Mr. Richardson, moved to add, in

amendment, the following—* but although the

M

Chan.

iy

Sy 2a eeereay

134

Clin, journal shall be thus kept in english and jy
~ trench, ana all bills that may be brought in o;
laws that may be enacted, shall be sranslate d
~ from the one into the other language, at such
stage of their progress as may be determined
upon, yet in order to preserve that unity of
legal language indispensably necessary in the
empire, and touc hing any alteration in which, ;
subordinate legislature is not competent, the
english shall be considered the legal text.’
The proposed amendment was negatived (yea:
13, nays 26,) and the original motion unani:
mously passed.

In addition to this, it was a few days
afterwards “resolved that such bills as are
presented, shall be put into both languages
that those in english be put into french, and

those presented in french be put into Seis,

by the clerk of the house or his assista:

according to the directions they may receive,
before they be read the first time ; and when sv

put shall also be read each time in both lai:

guages. It is well understood that each mem: |
ber has a right to bring in any bill in his’ ows

language; but that after the same shall ly
translated the text shall be considered to be
that of the language of the law to which said
bill hath reference. ” Thus this matter, whic!

at one moment threatened to disturb the equa-|
nimity of the house and kindle national animo-|
sities among the members, was compromise(,|

and settle’ down in the resolutions cited,
which being made a rule of the house, was

'

this

am
follo

Poun
Brecti

\
re

th

resp
alty
6b

rece

66

h andin §
ight in ol
translated
, at such
etermined
| unity ol
ary im the
n which, a
etent, th
al text.’
tived (yeas
tion unant

few days
bills as are
languages :
rench, and
nto english,
s assistants,
ay recelye,
nd when so
n both lav

fF each mem: |

in his’ own
ne shall be
ered to be

which said
tter, which §

the equa: |
onal animo- §
mpromised. |
tions cited, |
house, wast

135
ever afterwards cheerfully observed and work- chap.
ed to the satisfaction of all. Ns
. . . i

An address relating to the new constitution, jy9
was voted by the assembly to his Majesty :—

« We your Majesiy’s most dutiful and loyal subjects the
representatives of Lower Canada, met in assembly for the
first time under our new constitution, humbly approach the
throne to express to your most gracious Majesty, our senti-
ments of gratitude and joy on the happy change which has
iaken place in the forms of our government.

« The constitution which it hath pleased your Majesty in
parliament to give us, modelled upon that of Great Britain,
a constitution which has carried the empire to the highest
pitch of glory and prosperity, assures to this colony the most
solid advantages, and will forever attach it to the parent

state.

« Now partaking without distinction the benefits ofa
government, which protects all equally, we offer our th:nks
to divine providence for the happiness prepared for us; our
prayers are for the general prosperity of the nation of which

® we make a part, and for the preservation and felicity of our
m august and virtuous sovereign.

*« May it please your Majesty to receive favourably our

respectful homage, and pennit us anew to express our loy-

alty and attachment,
** May it also please your Majesty and parliament to
receive our most humble thanks for the favor conferred upon

this colony.

*‘ Such are the heartfelt wishes of the representatives of
the people of Lower Canada.”

This truly loyal address was forwarded to
his Majesty by the lieutenant governor.
_ His excellency transmitted to the assembly
® message, on the 26th February, of which the
following is an extract :-—
_ JT am directed also to recommend to the legislative

Pouncil and house of assembly, to make due provision for
Brecting anc. maintaining of schools where youth may be

ete iabaeacnen a ROO ATA

Chap educated in competent learning and in knowledge of th
[V, principles of the christian religion, which I do in full confi
that they will receive the consideration due to such |
1793. important objects.”

A petition on the subject of education wa
shortly after this presented to the asse mbly t
divers inhabitants of Quebec, in which it w
stated—

‘ That since the abolition of the jesuits, those of Canada
had generously offered, and still persisted in offering to this
province the remitment and possession of all the property
and funds of the college (estates) for the use of the public,
to whom they belong, and only desire a subsistence, but
that such restitution has been retarded and impeded by many
difficulties,

“That the petitioners are convinced that his most gra-
cious Majesty, by his royal instructions, was ever desiro\
of being well informed of those titles (of the jesuits) and to
reserve of all those funds, whatever might be requisite fu
the public education, without prejudice either to the causes

| or effects, such as the establishment had in view.

| ‘ Wherefore the petitioners hope that this honorable §
house will consider that the estates of the jesuits have been
improved only by the labour, courage and industry of the
inhabitants of this country, in hopes of educating their pos-
terity, and that those estates, though suflicicnt, ‘da not ex-
ceed the necessary expenses to afford a public education
properly organised on a liberal plan, for whieh purposes

H they were granted, and therefore that they justly claim the

same with the respect due to this honorable house.”’

Much discussion arose on this matter, which
terminated in an address to his Msiest
i wherein it was represented—-
it “ That the deplorable state of education in this province
| has long been a matter of the deepest regret; and as the §
object of our present humble address and petition to your |
Majesty is to remedy so great an evil, it cannot fail interest-
ing the feelings of the beneficent and enlightened sovereign

ww dence,

a ee

edge of th
due to suci
ition wa

sembly by
chit w

J

se of Canada
flering to th
the property
of the publ
sistence, but
ded by many

his most gra
ever desirous
esuits) and
» requisite foi
to the causes
ew.
bis honorab:
His have been
dustry of the
ting their pos-
nt, do not ex-
lic education
rieh purposes
stly claim the
ouse.””

iter, Which
s Majesty

this province:
ty and as {ie
stition to youl
ot fail interest-
ned sovereig?

n full confi J

of a liberal and magnanimous nation,—permit us to say that Chap.
a matter of more serious and important concern to this part LV.

of your Majesty’s dominions cannot occupy our attention.

«In contemplating th's subject, we have been naturally 1793.

led to look forward to the reversion of the property now and
heretofore possessed by the jesuits in this province, as greatly
contributing to so desirable an end.

‘© We therefore most humbly beseech your Majesty to be
graciously pleased, upon their extinction or demise, to order
such measures as to your Majesty, in your royal wisdom and
justice shall seem meet, to secure and apply the same to the
education of the youth in this province, by the reestablish-
ment of a college therein } a purpose apparently congenial
to the original intention of the donors, most benevolent in
itself, and most essentially necessary for the promotion of
science and useful knowledge.’’*

* The revenues from these estates were, accordingly, after many
years discussion and several applications, year alter year, on the sub-
ject, by the assembly to the government, finally given up by his late

“Majesty king William the Fourth; and, as previously mentioned, by

an act of the parliament of Lower Canada, (2 Will. IV., ch 41.) ap-
propriated to education exclusively ; but an effort has recently been
made in the parliament of the united province, and will probably be
renewed, to appropriate them exclusively to the education of catholics.
An unsucces+ul application, itseems also has more recently been made,
to the governor general, lord Elgin, by the roman catholic clergy, for

«portion of the funds arising from those estates, for missionary pur-

poses of their church, (probably with a view to the instruction of the
Indian tribes in the north, whither missionaries have recently gone,)
for the proniotion of which, no doubt, seme of the estates belonging
to the late order of jesuits in Canada were, in part, conferred
upon them hy the original donors. Hig excellency felt himself
bound, however, to refuse the application, on the ground that the
revenues in question were already appropriated by the legislature,
‘« to educational purposes,’ adding, also, that in his opinion, it was
neither ‘ expedient or desirable” to endeavour to divert those funds
from their existing destination. The following is the letter, as it has
gone the round of the public prints, written by order of his excellency
in answer to the application :—- \

‘‘ We learn from the Canadien, that Mr. C. F. Cazeau, Secretary
to the bishop of Quebec, has lately received the following reply to the
petition of the canadian roman catholic clergy, presented in the month
of June last :—( Quebee Gazetle, 13th Sept., 1847.)

‘ Secrerary’s Orrice, Montreal, 22d July, 1847.
_“ Sir,—In your two-fold capacity of subscriber to the petition of
the catholic clergy of the diocese of Quebec and Montreal, requesting

m 2

eye

ee ae

Chay.

[V.

138

On the 25th of April, his excellency sent ;
message to the assembly, informing them i if

peng had received a letter from the secret: ry of

state, of the 9th February last, “ stating that
the persons exercising the supreme autho
rity in France, had declared war against hi:
Majesty.” A proclamation also issued notify
ing the circumstance.

‘In answer to the message, the assembly se
up an address thanking his exc ellency for it,
“and assuring him that it was with horror they
had heard that the most atrocious act which
ever disgraced society had been perpetrated
in France, (alluding to the recent decapitation
of the unfortunate Louis XVIth,) and that it
was with concern and indignation they now
learned that the persons exercising the supreme
authority there, had declared war against his
Majesty. ;

‘““ His Majesty’s faithful subjects,’—said they

ae een

the err of the estates of the formerly existing order o
jesuits, to the accomplishment of the objects to which they wei

originally devoted, and as secretary to the archbishop of Queber
which gives you the means and opportunity of easy cormmunication
with the reverend subscribers to the said petition, [ have the honor

by command « of the governor general, to forward to you his exce!
lency’s ans ewer to the said petition.
‘His excellency enjoins me to point out to you that the legislatn ure

has s for merly appropriated the revenues of the jesuits’ estates to edu-

sational purposes, and that these revenues, consequently, eannot |
diverted therefrom into the hands of the clergy of the church of came

without the previous sarciion both of the crown and the legislature

and his excellency is of opinion that this is an objeet which it is
neither expedient or desirable to endeavour to attain.
‘ Under these circumstances, his excellenc y finds it impossible t
adopt any Tngaaures towards fulfilling the desire of the petitioners.
‘ | have the honor to be, &c., &c.,
fF D. Dary, Secretary.’

®

y sent a
em that
etary 0!
ing that

autho
inst his
d notify

ably sent
y for it,
rror the)
et which
rpetrated
vapitation
id that it
hey now
supreme
gainst his

-said they

sing order «
ch they were
pof Quebe
womMunication
ve the honor
rou his exce!

12 legislature
states to edu-
vy, eannot be

reh of Rome,
p legislature

which it is

stitioners.

cretary van

impossible te

139

_- earnestly pray that his arms may be crown- chap
ed with such signal success over his enemies, 'Y
as shall speedily bring about a peace, honora- 793.
ble, safe, and advantageous to his Majesty and
ihe empire.” |

They assured his excellency in conclusion,
that the house would immediately proceed to a Wn |
evision of the militia laws, and if alterations i)
and amendments were necessary, they would |
make such as should be deemed the most fit

and proper to secure and protect the province if
from every injury and insult of his Majesty’s i
enemies. |

The subject was taken up and discussed,
but as no alterations were made in the militia ie)
ordinance then in force, and which gave the :
governor very great powers, it 1s to be inferred
thay they were deemed, by the assembly, ade-
quate to any emergency as, in fact, they were. \

A variety of standing rules relating to the i)
proceedings in the house, and to its intercourse
with the other house, framed upon those in use
in the imperial parliament, -vas adopted. A
fund was provided, by a small imposition on a
wines imported into the province, for paying ) ‘|
the salaries allowed the officers of the legisla- Lit
tive council and assembly and defraying the
contingent expenses thereof.* This induced

* The following are the salaries allowed the officers of the house ot
assembly :—Clerk, £250--Clerk Assistant, £150-—Under Clerks, \
£100—Sergeant at Arms, £75—T otal, £575. And to the officers of Beith
the legislative council, as follows :-—Clerk, £250—Clerk Assistant, aie et
£100—Under Clerk, £50—Black Rod, £75— Mace, £40—Contingen- mY
cies, £50—Total, £565. Total of both, £1140. The whole supply
granted to pay the officers of the legaslative council and house ot

oe Se eel

H

4793

140

the house to record upon its journals, the fo!
lowing resolution :—

* Resolved and declared,—That in order to remove a!
anxiety and disquietude, and to preserve a perfect union
and good correspondence with the province of Upper
Canada, this house will at all times be ready to take int
consideration the allowance or drawback to be allowed to
the province of Upper Canada upon all wines consur
therein and subject to a duty on importation into ¢)
province under the bill intitule d “on actto establish a fund
“for paying the salaries of the officers of the
* Council and assembly, and for defraying the contingen:
expences thereof,”’--whenever arrangements tending
ascertain the quantity of wine exporte d to the provinee of
Upper Canada from or through this province, shall be tis
and settled in such manner as may be deemed expedient |
the joint concurrence of the government of each province.
and that an humble address be presented to his excellence,
the lieutenant governor, requesting he would be pleased
to take the earliest opportunity of communicating this resol,
to his excellency lieutenant governor Simcoe, or persor
administering the government of the province of Uppei
Canada {or the time being.”

I'he session having now been spun out t
the beginning of May, the members, tired of |
and most of them gone home, his excellenc)
on the ninth of that month, went down to th
legislative council chamber, whither the assem-
bly being summoned, he, after giving the royal
assent to eight bills, prorogue ni the parliament
with the following speech :-—

“ Gentiemen,—-At the first’ meeting of the Legislature, |
congratulated you upon the flattering prospects which opened

legisiatiy

en ere

assembly the salaries and allowances voted them for the current year
and other contingencies incurred since the meeting of the legisliture

was £1500. The amount now (1847) annually required is more than
double as many thousands as there were hundreds then !

~+

\

, the fol

remove ail
erfect union
of Uppei
to take int
¢ allowed to
y consuni
mm ointo
blish a fur
» legislati
6 contings ih
s tending
> provinces
hall be fia
expedient
ch province,
s excellencs
| be pleased
ir this resol

fy Or persor

un out te
tired of |
ccellency
wn to. th
he asseni-
the royal
yarliament

wgislature, |
hich open (

e current year
the legishiture
“d is more thi 8)
!

14}

io your view, and upon the flourishing and tranquil state of
the british empire, then at peace with all the world ; since

Chap

1\

wat period L am sorry to find its tranquillity has been dis- w—
turbed by the unjustifiable and unprecedented conduct of 1798

the persons exercising the supreme power in France, who,
ter deluging their own country with the blood of then
‘Jow-ettizens, and imbruing their hands in that of their
sovereign, have forced his tnajesty and the surrounding
nations of Enrope into a contest, which invelves the first
nieresis of society. In this situation of public affairs |
reflect with peculiar pleasure upon the loyalty and taithful
attachment of his majesty’s, subjects of this province to his
royal person, ind to that form of government we have the
happiness to enjoy.
‘Mr. Speaker, and Gentlemen ol ‘the House of Assembly,
-The provision you have made for the payme int of the
salaries of the officers, together wiih the contingent ex-
penses of both houses of the legislature, claims my best
thanks, and furnishes a well founded hope that though the
peculiar circumstances attending this your first session has,
for the present, excluded the great object of supplying
more generally the medium of support to the exigencies of
a suflicient and well regulated government, your next
meeting may afford Jeisure forthe mature consideration of
this important subject, and be productive of such grants as
will enable the executive power to create and maintain
such colonial establishments as may be absolutely requisite
to Sp general welfare of the province.
* Gentle men,— The laws that you have prepared, and

to which [ have given his majesty's assent, will afford relief

to some of the objects that demanded immediate attention,
and T persuade myselfdhat those of a more important nature
will receive vour private reflection during the recess, and
be the result of your mature deliberation at the next session,
particularly that respecting the courts of judicature which
has been strongly recommended to your attention, and such
further regulations as ms ly appess necessary for the better
organizing and more effectual! ly calling forth the militia for
the defence of this extenstve and valuable country, when
war or the evil disposition of our enemies of any description
shall make it ne cessary,

as

cae >

142

Thus ended this first session of the firs:
parliament of Lower Canada, to the general

J793, Satisfaction, as far as at this distance from i it

we can understand.
Canada, in its intercommunications withEng.
land and the rest of the world, at this period, may
have been as, according to Virgil, England itself
was, inhis time, with respect to Italy—* penilus
toto divisos orbe britannos.” ‘To give the reader
an idea of the rate at which news, in those times
travelled backward and forward, it has only to
be stated that the mail between Quebec and
New York, as well as to Halifax, was but
monthly, and not always regularly so. In the
Quebec Gazette of the 10th November, 1792,
it is stated that the latest news from Philade!
phia and New York,were to the 8th of October,
giving accounts of a battle on the Wabash and
Anguille rivers in August, between an expedi-
tion of the American forces, consisting of 523
rank and file, under general Wilkinson and a
body of indians, in which the latter were routed,
news, which, at the present time, would reach
Quebec, in three days and perhaps less
from the place of action, and in direct line.-
Again, on the 29th December, it is said,
“ vesterday’s post from Monireal, brought New
York papers to the 27th November.” In
notice from the “ General Post Office, Quebec
i7th November, 1791, information is given that
‘“amail for England will be closed at this
office, on Monday , Oth December next, at 4
a’clock, p. m., to be forwarded by way of New

the firs!
general
from i!

with Eng.
riod, ma
and itself
© menilus
1e reader
se times
is only t
ebec and
was bu
. Inthe
er, 1792,
Philadet
October,
hbash and
nh expedi-

ag of 525

on and a

e Sie
Id reach

ps. less
t line.—
is said

ight New

2 oi

Quebec
riven that
at this

143

York, in H.M. packet- -boat, which will sail chap.
from thence in January.” Similar notices were 1V:
sometimes given of mails for England by way of 793
Halifax, by ‘which route they also, occasionally,
came and went. But a month was the average
time of the mail between either of those places
and Quebec, and from the latter to England,
two months.*

Contrast the foliowing with the above :—We
have now, frequently, at Quebec, since the
establishment, in 1840, of the Cunard line of
steamers, trom Liverpool to Halifax and Bos-
ton, news from India, via the Mediterranean
and England, in less than two months; from
England in sixteen to eighteen days, regu-
larly 3 ; from Boston and New York in three:
the mail coming and going daily; and, at the
hour of committing this “to paper, (half -past
noon, 4th October, 1847.) we learn by the
electric telegraph just finished and in opera-
tion between Quebec and Montreal, that the
steamer Hibernia, from Liverpool, with the
english mail of the 19th ult., arrived yester-
day, at 2, p. m, at Boston; the information
reaching Montreal by the circuitous route of
Buffalo and Toronto, ‘and which we might have,

ree ee

* We find in the Quebec Gazette of 20th December, 1792, a notice
from the general post office, announcing for the first time a mail, once
every fortnight, between Montreal and the neighbouring States.

As to the foreign trade of the province, if we can so call that with
Britain, and her dependencies, at this time, some notion of it may be
formed, by the number of vessels from abroad visiting the port of
Quebec, whicl h, in 1791, was as follows :—ninety vessels inall, of

m@ witich 36 were ships, 1 snow, 47 brigs, and 6 schooners.——~ Quebec
Gazette, 17th Novr., 1791,

oO”?

EY:

Chap. 88 probably we shortly will, in one hour, whey,

144

the line shall have been established direct frc

3, Montreal to Boston. Truly, in this respec,
* times are cha nged since the close of the |
century, and for the better. W ho can say the
before the close of the present, an overland t;
hence to the Columbia or California, and voyage
thence to the blooming isles and edens of
Pacific, including Hawaii and its feleaniv, n
Volcano, the mighty Mauna Loa, to. whic!
Vesuvius, ns, “Hecla, are said to be mol
hills, en route for Europe, via China and India
to spe ‘nd the winter in St Petersburgh 0;
Paris, may not be fashionable, and of mor |
frequent and casy accom plishment, than is,
at the present time, a voyage to Naples o:
Gibraltar, Madeira or Teneriffe 1—when the
whole may be done in fewer weeks, perad
venture days, than it took Sir Geor ge Simpson
months, to perform his famous overland expe- Q
dition ;—and a tour of the globe, from Quebec. :

|

ay
by that route , looking at Condon and the lions. a
on the way home, in spring, but an agreeal)| | S:

excursion during winter, of out monks at mo th
including stoppages at Delhi, Tobolsk, ae
stantinople, Vienna and Berlin!

hour, when
direct from ee Ee i |
is respect, | | Ma
of the last

san say that CHAPTER V.
verland trip
and voyage

Opening of the parliament, by lord Dorchester, who had
returned from England— departure for England of leute-

lens of th nant governor Alure. Clarke —addresa of the assembly to
magnificent his royal highness Prince Edward—citizens of Quebec and

Montreal address him on his departure—statement of the
public revenues - proceedings in parliament— Mr. de Lot-
piniére, speaker, vice Mr. Panet made judge —prorogation

to which
io be mol

and India, -—reopening of parliament—speech—public accounts of
rsburgh or the province laid before the assembly for the first time— |
dof mor ' vote of £5,000, sterling, annually, in future, towards |
t than i = defraying administration of justice and support of the mt
ip “fi civil government—first articles of agreement with Upper i
Naples 0! _ Canada, relative to duties and drawbacks —money bills — hai
—when the ' speaker of the assembly on presenting them addresses the ai
sks, perad- | governor—speech at the prorogation—miscellaneous, fu i end
ce Simpson vas ‘ Bes |
a ri : THe provincial parliament met again at *: bai
: 1 €Xpe- Be ¢ 27 a een ee Bie aig
ae ee. Quebec, on the 11th November, 1798, and yy; rata

ym Quebec,
d the lions.
1 agreeéal |

iths at most
olsk, Con

f+ was opened by Jord Dorchester, who had i"
arrived at Quebec from England, on the 24th ne.
September, in H, M.S. Severn, and reassumed vena
the government, his excellency major-general |
Clarke, the lieutenant-governor, returning to ay
England, bearing with him the best wishes of Li
mm the people whose constitution he had fairly
} started and put in operation to their satisfaction.
His government had been popular, and he re-
ceived several flattering addresses at departing.
Lord Dorchester’s return was cordially wel-
@ comed, a general illumination taking place et
im uebec, the evening of his arrival. In his ‘|
: N ik

cena ae ys

a a

sin iit ie Aah A LACE TORTIE AO ett IT
= - ere ae vo eee

146

Chap. speech to the legislature, he stated, that the
"due administration of justice, together with th;
1793, arrangements necessary for the defence an
safety of the province, were matters of suc)
high importance and so indispensably requisite,
that he was persuaded they would lose no time
in reassuming the consideration of them, an(
in making such amendments to the existing |
laws, as “should afford the best security i
person and property.
In telling the assembly that he would orde
to be laid before them an account of all i!
receipts of the provincial revenues of the crow)
since the division of Upper and Lower Cana:
he observed, that the general expenditure Was
very great, but couid not all be placed to t
| provincial account. “ Such parts of it,’—saj
his excellency,—‘ as more particularly belong
to that head, [am not at this time enabled i
bring forward; I can only say it greatiy exceeds J or
the provincial funds : - ‘yet, it is not, at present,
my intention to apply to you foraid; that you Ry "°
may have time to consider by what means the §
provincial revenue may be rendered more HM ih
productive ; iu hopes, nevertheless, that Grea MH th

Britain, in the mean while, will contimue har 2
generous assistance to this colony, and delra sf
such surplus expenses as are absolutely neces: fm
sary to its prosperity. , ne
“ Gentlemen,—you will perceive that the g
infant state of our constitution requires greal Mm “°

circumspection, in the foundation of such “laws a
as may tend to strengthen and establish it, anc @

147

I flatter myself you will deliberately and cor- chap
*

ad, that the dially unite in the promotion of such measures

‘ie tii a as are essential to the happiness and well-being 7,47 |
a a of your country. |
ers of such The address from the assembly, in answer to
ly requisite, MM this, was cordial and complimentary, :—
lose HO Lime * fully convinced of the happy eflects to be derived from
f them, and a solid and invariable administration of justice, and of the t
the existing | indispensable necessity for an establishment for assuring the Al
security io defence and safety of the province, we will lose no time in 1
: resuming the consideration of these important objects ; and Vin
ae in making such amendments to the existing laws, as may hi
would order & best protect the persons and property of its inhabitants. it
nt of ' all the “‘ By receiving from your excellency an account of the i
of the crown receipt of the provincial revenues of the crown, we shal! sf
wer Canada be enabled to deliberate on the means by which they may ay.
; ue be rendered more productive ; and penetrated with grati- ae
enditure was tude to the parent state for having hitherto defrayed the baa
olaced to th surplus expenditure of the province, we flatter ourselves that Le
of it,’—sai in consideration of our situation, we shall continue to aa
larly belong experience her generous assistance 5 a hope further strength- | |
bled | ened by your excellency’s intention of not requiring from Bn
ENADrec \° BA os any subsidy at present, which confirms the benevolence |
atly EXCeeds of our mother country. ay
» at present, - “In the infancy of our constitution we perceive the ff,
id : that vo necessity of the greater circumspection in the formation oi bt |
hte jaws, that may tend to support and establish it ; and also to |
at means th cultivate arnongst the different branches of the legislature,
dered more f | ihat cordial harmony and concord, so necessary to promote
ss, that Grea ME those measures essential to the happiness and well-being I
ontinue her age of our country”, iy
, and delra. ye = The assembly, immediately after its meeting, iia |
lutely neces: @™ “Banimously voted an address to his royal high- ia
-ness Prince Edward, in the following terms :—
ve that th _ * The representatives of the province of Lower Canada, an | '
quires areal i deeply deg ihe with sag most lively sense of the ardent |
fmm zeal and indefatigable activity, which your royal highness
bf such laws |

| displays on all occasions, for the protection of their property,

blish it, and

ea ee — Seer es pee

Chap. the security of their persons, and the defence of thei;

V.

148

country ; take the liberty respectfully to approach your

“ew PE TSO, to offer you their thanks.

1793,

“Sensibly affected at seeing the son of their sovereign,
discovering in the service which he has embraced, talents
worthy of the illustrious blood which flows in his yeine
and manifesting & thegreatest desire of putting them in practic
with more effect ayainst the attacks of the comman enemy ;
they consider it their duty and owe it to justice to pay tribute
to such distinguished merit, by a public declaration of thei;
sentiments of respect and admiration.

“ Accept therefore their most earnest wishes for the
preservation of your royal highness, and for your rapid

advancement in a profession to which you do honor.”

‘To this address, presented by the house, on
the 15th November, to his royal highness, he
answered :—

“ Gentlemen,—Be pleased to accept of my warmest
thunks for the very flattering proof, which you have given
ine of your attachment to my person, in presenting me your
address of this day. It is particularly gratifying to mj
feelings, to find that my conduct has been such, as to merit
your good opinion, and to ensure me your esteem. [ trust
you will not find me wanting in future endeavours to merit
a continuance of the sentiments from you, which you have
expressed in a manner so particularly obliging. I look
forward with anxious expectation to the moment, when, if

{am called upon, to the more immediate active service of

my country, [ may prove to you, that, I shall ever exert
myself with redoubled zeal, when employed in a cause «
dear to me, as must ever be, the protection of your wee
perty and persons, and the defence of your country. One

more, gentlemen,, allow me to assure you, that I shall eve
retain the most grateful sense, of the high honour conferred
on me this day, and must hope that you will remain per-
suaded that, while I must from duty ever feel the warmest
interestin your general welfare asa public body,—TI shall
also consider myself as particularly fortunate whenever i
may be in my power to render service to any one of you:
respectable body as individuals,”

149
ice of their : : hi
proach your The Prince shortly after this,receiving notice Chap.

of his promotion to the rank of major-general,

need, talent, fg 2nd appointment toa command in the West j799. a |
iis, Indies, was presented, previous to his depar- ta
m in practic: ture from Quebec, with several congratulatory an
jaahigtisiniy tl addresses of a most gratifying character. The ia
eer oF legislative council, the roman catholic clergy, a
ration of their J ie 7 a ye eros heel in
the citizens of Quebec, those of Montreal, and Hy
ishes for the ffm the burgesses of William Henry, paid his royal Hi
your rapid § highness their respects in this manner, to whom | 1!
honor.” he responded feelingly and affectionately, tor i
house, on 9 the spontaneous proofs of esteem which, in Wi
ghness, he MM parting, they gave him, and which, in truth, i
were not the effusions of adulation, but an wh
my warmest fi homage due by a grateful people to the intrinsic en
‘ou have given | virtues, unostentatious, social, and manly cha- i
atl bata racter of ason of, as he truly was called,— aay
+h, asto mert fag ** the best of sovereigns.” a
teem. I trust The judicature bill, of the previous session, ey
vours tomert HM was taken up in the assembly, which, after hat
ba nT seh @ bestowing much attention on the subject,
ent ben, ¢ @@ brought it to maturity, as it also did the militia
ive service ol JM™ biil; which, repealing the ordinances on that
nall ever exert MM head, substituted in their stead provisions bet-

gD lhl ter suited to the circumstances of the province.
of your pro-

: f alie 1 re = } r wHCKA sik
untry. Once JM An alien bill was also introduced and_ passed,

at I shall eve establishing “ regulations respecting aliens and
our conferred 7 certain subjects of his Majesty who have resid-

iii

I} remain pe’ Ha -ed in France coming into this province and
| the warmest

body,—I shal | residing therein, and for empowering his. Ma-
whenever i | jesty to secure and detain persons charged
py one of your MM with or suspected. of high treason, and for the
arrest and commitment of all persons who may Ve
N 2 ea

cevnatoatiiaa = Tiguan en -a CLIO AR REBN EA

hap.

150

individually, by seditious practices, attempt
disturb the government of this province.*

The following message was transmitted
the assembly, by the governor-in-chief, on th
29th April, 1794 ; interesting, from its bein
the first financial statement laid before th.
legislature of Lower Canada :-—

‘ The governor has given directions for laying befor q
house © ae) bly an account of the provincial revenu:
the cro *the commencement of the new constitu
to the 10; puarv 1794, |

« First, the cas'.| and territorial revenue as establis!
prior to the conquest, which his majesty has been n
graciously pleased to order to be applied towards detra
This arises from variou

the civil expenses of the province,

rights appertaining to the crown, some of which are not |
now productive. The governor doubts not but the hous:
will bring forward measures to relieve the subject by oth :,
duties not objectionabie, if raising the lods ef ventes, deat
de quint, Sc. up to the legal standard would prove oppres- \ |
sive to the people. ,
é U
. T would seem by a preclamation of lord Dorchester, dated
Nuebec, the 26th November, 1793, that there were emissaries {i 5
France, or others in the province, busying themselves in propaga -
in it the revolutionary principles of that country in those times. ea
proclamation alluded to stated, that “ Whereas divers evil dis sposed per i
‘sons had lately manifested seditious and wieked attempts to alie: e@
“ the affections of his Majesty’s loyal subjects, by false represen! 1}
‘ tions of the cause and conduct of the persons at present exercisin:
‘¢ the supreme authority in France, and particularly certain foreign ‘
being alien enemies, whoare lurking and lie concealed in vari p
‘ parts of this province, acting in concert with persons in fore) di
“ dominions, with a view to forward the criminal purposes of Dk
‘ persons,enemies of the peace and happiness of the inhabitants of this it
“ province, and of all religion, government and order,”-—His exee! ul
lency therefore, required all magistrates in and throughout the provine or
captains ef militia, peace officers, and others her Majesty’s good sub m
jects, to be vigilant, and to do their utmost to discover and: secure a or
and every person who might hold seditious discourses, or utter trea. a
sonable words, spread false news, publish or distribute libellous pe pers G the
written or printed, tending to excite discontent, or lessen the aff be

tions of his Majesty’s subjects, or in any manner to disturb the pe:
ind happiness under his Majesty’s government in this colony’, &e

ceieaintidtniemmemuneniuaeeninanenaaenae nae

{tempt
ce.”
smitted |
ef, on th
its bein
efore thi

ne before t)
i] revenu

y constitut

s establis!
iN heen ?
rds detra
‘from variou
hich are not
ut the hous
ject by othe
rentes, droil

rove oppr abe

ester, dated
emiussaries fron
in propagal
se thmes,

ril disposed per
npts to alien
Ise represen!
sent exercisil
tain foreigt
aled in vari
sons in fore!
rposes Oi
abitants of thi
His exte!

It the provin e
sty’s good sub
and secure ai

tras

,or utter t
bellous pr}
ssen the afl:
turb the pe:
ylony,. we

1D]

« Secondly,—The duties payable to his majesty under
the act of the 14th year of his reign, chap. $8, on articles
imported into the province of Quebec, and on licences
vranted to persons for retailing spirituous liquors.
ag the provinces of Upper Canada and Lower Canada shall
have passed laws laying the seme or other duties to an
equal amount ty those which are payable ander this act, and

uch laws shall have obtained the royal assent, the king’s
ninisters will be ready to propose to parliament a repeal of
the act abovementioned. }

“ Thirdly, — ‘he duties imposed by the provincial legisla-
ture, with the appropriation and balance.

« Fourthly,--Amount of cash received, arising from fines
ind forfeitures imposed by the courts of justice.

Fifthly,—The naval officer’s returns inward. iit the
division of the province, which were originally "ter 9 das
a check on the customs, but seem not to answe. the end
proposed. The governor relies on the wisdon: are loyalty
of the house, that while they select proper objects of juxury
for raising those aids, the public exigencies © i, require,
ihey will, at the same time, bring forward arrangements to
prevent all irregularities from creeping into the receipt of the
public revenue. The true measure of the burthen laid upon
ihe people by any tax or duty being the gross sum taken out
f thé pocket of the subject on that account ;—-this gross
sum should fully appear ;—the aid given thereby to the state
is the balance which remains in the public coffers, after all
ihe expenses occasioned in the collection are paid. More
effectually to prevent any abuse from connecting itself with
the receipt, the governor recommends thatno part of the
burthen be suffered to lie concealed under the name of fees,
perquisites, gratuities, &c., but that the whole of the monies
drawn from the subject be lodged in the public coffers, and
proper compensation for the collection be openly issued
therefrom, by warrant under the signature of the governor

As soon

_ or person administering the government.— That the house

may better judge the burthen laid on the people, and the aid
granted to the state, the governor has given directions that
the annual accounts of the provincial revenue of the crown
be accompanied by :

Sixthly,-—A statement of the monies taken out of the poe

Chay ,

V

ee ed

i794

nn NE OIE A EL EL LET OO CC AN — =

=

Se ——

Te en le re

anne

f Chap.
{ V.

ries of other nations.’’*

be amiss :-—

as follows, viz:
Casual and territorial

revenle,

£720 OQ

~

Duties by act 14G.3. 3771 9
Licences by do. 10138 8 OO

~)

Gross stg. £5504 17

And from 25th December, 1792,
lowing :—

| Gross casual and territorial

revenue, . £ 389 7

Duties of 14 Geo. 3., 5692 3

i Licenses by do. - 754 4
ti Duties by the legislature, 1613 6
Fines and forfeitures, 174 3

Gross stg. £8623 5

152

ket of the subject on this account ;—its progress and din
nution before it lodges in the public coffers, with the aii
| —-~ diminution on account of the collection, that every circum-
(794, stance of this important business may be constantly befor
their eyes ;—that in the outset of the constitution and i);
progress, they may guard this important branch from those
corruptions and abuses which have brought so many mise-

een ener 2 mmoeCe eet

* Itis unnecessary to introduce here the whole of the details a|
ed to in his excellency’s message, but the following sketch may nwo

The gross receipts, from the different sources constituting

provincial revenue, from 26th December, 1791, to 24th Decem
1792, as laid before the assembly, by order of lord Dorchester, w:

0--leaving, after ex-

penses of collec-
tion and other de-
duetions, net
Ditto,
Ditto, 1003 5

ee eee cee

Net stg. £4957 11

rey teen em

to 5th

84 : Net£ 38 9
8 - ~ 1926 19
() én - 746 13
1 - 1478 -3 1
64 i7z §
0 Net stg. £7709 15

The rev:

t

January, 1794, the to

}

)

Such at this period, the outset of the constitution, was the revenne o|
Lower Canada, (but it owed nothing). insufficient, by some thousands
to defray the expenses of its civil government, stated general! \
“about twenty-five thousand pounds ,annually.”? By the publie accoun!
laid before the assembly of Lower Canada in the session of 1825-/
i | (the last, previous to the union, that were submitted to it,owing to
il | repudiation of its functions by the bedy,) the gross amount of reve
for the year ended 10th October, 1835, was £205,910, currency, lex
ing, after deducting all expenses of collection, incidents, drawback:
and £54,876 to Upper Canada, for its portion of the duties levied in the
lower province, a net amount of £140,747, currency.

sand din-
vith the alt

very circum-
tantly befor
tion and iis

h from those

many mise:

ne details al
ketch may nv

onstituting
Mdth Decem
orchester, wi

Bil
ge
& 712 16
3241 10)
1003
g, £4957 11

ee tree

, 1794, the to

t£ 385 9 1
1926 19
746 13

~ 6409.15
bs the reven!

some thousati’s .

ed. general)
» public accou

ssion of 1835-(
» it,owine to tt}

ount of revel

currency, le
nts, drawback

ties levied uu
The rev:

153

The house, by an address, thanked his chap.
excellency for the message and papers acc om- | V. |
panying it, observing, that they saw in it an yr, |
additional proof of the paternal solicitude of
his Majesty to ease the burthen of his subjects, |
and of his excellency’s anxiety to promote the 1g
interests of this province ; and that the magni- i |

tude and utility of the objects recommended to
their consideration, could not fail engaging
their serious attention, as soon as the impor-
tant matters now before them and in a state of
progression were accomplished ; but that the i
very advanced period of the session hardly
afforded a hope that discussions and examina-

tions of such consequence in their nature, and
necessarily requiring much time and delibera-
tion, could be entered upon this session, with
any prospect of effect, and they therefore
anticipated the necessity of postponing them
to the next, when they would obtain their
earliest consideration.

During this session, Mr. Panet, the speaker
of the assembly, being appointed, by lord Dor-
chester, one of his Majesty’s judges of the
court of goers pleas, the house was inform-
ed (28th January,) of the circumstance, by
message from his excellency, who also stated
that, as Mr. Panet’s duty as such, might cause
his absence occasionally to interfere with that of

nn’

e entae | ‘anada for the year 1846 was £512,993, currency ,-—-saddled,

r 4 bee vever, with a public debt, the annual interest whereof is stated in
the public accounts laid before parliament, at the late session (Jie,
184) .) at £145,244, and of course, on the increase,

Se te

= a
a

Re A A

ee

a

_ eiteineligpine sense seis Argon planes carer ma

prea i thor ttin

Sem CaS ET

Vv

Chap

: iqaronations through the lower province.

154

speaker, his excellency, that there might be n.
delay to public business, gave leave to tli
5, House to proc eed to the choice of another
speaker. The house chose, by an unanimous
vote,Chartier de Lotbiniére, esquire, itsspeaker.
and the governor confirmed the choice. ‘Tix
appointment of Mr. Panet, however, did no’
take place, that gentleman, whose residenc:
was in Quebec, prefering to relinquish th
appointment conferred upon him, to a transte:
of his domicile tu Montreal, where his appoint-
ment would have obliged him to reside, and hi
consequently retained his seat as a member 0!
the assembly to the end of the parliament.
The session was closed on the 31st May, 17:

lord Dorchester giving the royal assent to five
bills, including those noticed above, (with th:
exception of the judicature bill, which being r

served for theroyal pleasure, did notbecome law u
until December following,) and one for appoint 3°
ing commissioners to treat with commissioners He ,
on behalf of Upper Canada, relating to dutics i a

: drawbacks to be allowed that province on pd

The following was his excellency’s speech

on proroguing the parliament :— i >
*¢ Gentlemen of the legislative council and gentlemen oi § y
the house of assembly,—l have no doubt thaton returning Ga ©
to your respective homes, you will zealously diffuse among Fay
all ranks of poople, those principles of justice, patriotisn Fm *
and loyalty, which have distinguished your public labours €:
during this session; and that vou will use your best exei uM
tions to find out and bring to justice, those evil dispos or

persons, who, by inflammatory discourses, or the spreading of
seditious writings, endeavour to deceive the unwary ani

*~
'

5
geht be n

ve to th
f another

will avail yourselves of every opportunity to convince yout

free and happy constitution, ¢ van be preserved only by 2 due

NANIMNO Us sdience to the laws, all breaches of which are the more
is spec aker, inexcusable, as the constitution itself has provided for the
ce. Th safe and easy repeal or modification of such as may be
r, did not found not to answer the good intentions of the legislature.

‘The success of his Majesty’s arms in the West Indies,

resident : isan event that on every account must atlord you great

quish th satisfaction, particularly as it holds out a prospect of the
a transic! most important commercial advantages to this province, as
is appoint well as to the rest of his Majesty’s dominions.”
de, and hi ‘rom the close of his to the opening of the
member 0! following session, we find nothing in the occur-
yment. ences of the time of any great interest.
May,1794 His excellency lord Dorche ster again met
sent to five ihe parliament on the 5th January, 1795, which
1» (with th he opened with the speech following :—
h being rv ! és Gentlemen, —The attention manifested by you during
yecome lan the ‘ast session of the legislature, to provide for the internal
" xe ree venguility of the province, as weil as for its protection
0} appoln inst hostile attempts from without, leaves me no room to
Mission¢ * doubt of your continuing the same laudable vigilance so long
to dutics | as we may be threatened by war, or by a calamity more
rovince on dreadful than war, the present system of political hypocrisy
a contrived to delude the multitude, and render them instru-

ments of their own misery and destruction.

‘* Gentlemen,—TI shall order to be laid before you a state-
ment of the provincial revenue of the crown, for the last
year, together with such part of the expenditure as may
enable you to estimate the ways and means for the most
necessary supplies; in bringing forward of which you will
keep in view the advantages of providing for the public
exigencies, by a prudent restraint on luxury, and by regula-
tions which may, at the same time, encourage and extend

our commerce.

Gentlemen,~-The judges and law officers of the crown
lave been directed to draw up and report their opinion on

rs speech

gentlemen 0
ton returnin;
diffuse among
ce, patriotism
public labou
yur best exel

evil dispos

1e spreading 0!
e unwary an

tury the peace and good order of society ;~and that you Ghap

fellow si bje ets that the blessings they enjoy under a truly =~

2s a ——

‘ —_ a
ee — +

ee ee

ea i

—<—-

oe a Sate

ne a a

ee

——————————

— OAR IO

Se I eee

‘Jast;* and | have much satisfaction in perceiving this ear)

y5. abuses which might impede the course of justice, or give

156

the subject of your address to me of the 28th day of M:

disposition on your part, to prevent and guard against

rise to customs that would establish oppressive demands,
and gradually efface from our minds a due sense of th,
unwatrrantable origiu.

“ Your own disinterested conduct in your legislative ¢
city ;—your zealous endeavours to promote a general 0!
dience to the laws, connected with a benevolent attention |
the interests of the subject,—form a solid foundation fi)
goverument, and afford me great hopes that our new c
stitution will be firmly established, and ensure, fur ages
come, the happiness of the people..”’

The foresight, the rectitude, the wisdom,
this most upright man and virtuous governor,
cannot failto strike the reader and comman
hig admiration and respect.

The address in answer was an echo to this.
the assembly observing in conclusion :—* [t i:
highly flattering to us “that our conduet in ow
legislative capacity has met with your excel:
lency’s approbation. Being thoroughly SENSI
ble of the happiness we enjoy under the free &
and liberal constitution which has been grant-
ed us by the parent state, under your exce'-
lency’s prudent and wise administration, we Fim
will continue to exert our most zealous endea- [a |
vours to promote a general obedience to the |
laws, and to establish that constitution in such
a manner as may ensure, for ages to come, the ff
happiness of the people.” How fallacious av

* This related to the establishment of forms of proceeding
courts of justice and a table of fees, to which the different civil off
advocates, notaries and land surveyors should be entitled, in the
pective offices.

ih day of M.
iving this ear!
guard against
justice, or give
asive demands,
sense of t!

egislative «

a general 0!
ent attention t
foundation fi
our new c
ire, for ages

wisdom, o!

S governor,

id comman

cho to this,
on :—~* It is
duet in ow

our excel
ughly sensi:
der the fre:
been grant:

your eXce|-
ration, we
lous endea-
ence to the @
ion in such

o come, th
llacious ar

proceeding in th

prent civil off
itled, in the

a

a
‘

157

ihe prospects and the best hopes of men !— chap.
Scarcely had that generation passed away, bs
when the constitution, so cherished, had lost j95
all its charms, was repudiated, and the demon
discord, which for want of a more appropriate
cerm we call civil, but of most uncivil aspect,

was abroad and stalking over the land, preparing

‘he horrors of intestine war,with fire and sword.
However expert, ‘* dans les formes,” their suc-
cessors may have grown by experience, they
were wanting au fond,” in the wisdom which,

at this period, guided the public counsels of

ine men whose professions we are now scan-
ning, and which there is every reason to
believe were hearty and sincere. The politi-

cal mania that afterwards seized upon the
masses, and the corrupt doctrines springing
from it, preached by the new brood of politi-
cians, that some few parliaments after this,
succeeded those prudent and truly patriotic
men, were unknown to, and would have been
spurned by them.

On the 16th February, the governor sent
down the public accounts, now for the first time
laid before the assembly, with the message to
be found below.* The expenses of the civil

od

* « The governor has given directions for laying before the house oi
ssemnbly, the accounts of the provincial revenue of the crown, from
the 6th January, 1794, to 5th January, 1795, also ofsthe civil expendi-
ure for the same period.
No. 1.—Cash received for casual and territorial revenue, between 6th
january,1794, and 5th January, 1795.
No. 2.-—Ditto for duties and licenses under the act of the 14th of his
Majesty, between ditto and ditto. ;
No. 3..-Ditto arising from fines imposed by the courts of just
vetween ditto and ditto. j

O

Chap,
Vv.
i

L795.

158

government of the province, for the year en
ing the 5th January, 1795, it appears ws ‘a

were £19,985, and the estimate for the follow

ing year was £19,993, sterling. The Ho

No, 4.—Ditto for duties under the act of the province, between
and ditto.

No. 5.---A.n annual statement to shew the net remain of duty ati
expense of the collection, compared with what is taken out.
pocket of the subject, with the progress of the diminution }y
and after it gets into the publie coffers, between ditto and dj

Nos. 6 & 7.—Accounts of part of the civil expenditure of last
and by which it will appear, that the expenses have exec
the revenues, in the sum of sixteen thousand one hundr
twenty-two pounds twelve shillings and two pence three fart}

No. 8,-—-Estimate of such part of the civil expenditure for the ens
year, ag may enable the house of assembly to calculate th:
and means for the most necessary supplies, all the pei

amounting to one thousand seven hundred and eighty-two poun

six shillings and seven-pence sterling, though chiefly granted
services rendered to Canada, are deducted, these services bei

considered as rendered to the empire at large; itis from they:

therefore, their reward with other acts of be nevolence ma
expected to flow. The salaries of sundry officers to the any

of seven hundred and eighty-two pounds ten shillings, a ari)

to belong to the military rather than the civil expenditure a
deducted.
The governor doubts not the readiness of the house to ents S|
aids on account of this expenditure, as may be most easily rais

mposts on articles*of luxury without being injurious to commerce

No. 9 to 20.---The governor has also directed to be laid betore
house of assembly, the accounts of duties received by the colle
the customs, by virtue of several acts of parliament passed in the:
year of Charles 2d, chap. 7 ; 6th George 2d, chap. 13 ; 4th Ge
en 15 5 and 6th George 3d, chap. 52, for the years 1792, 17:

1794, which shew the several articles of commerce on which du
present are laid, the net proceeds whereof, amounting to six
and eighty-eight pounds, one shilling and one penny fart!
{No. 21] annum, as per statement, are paid into the receipt o:
Majesty’s exchequer in Great Britain, “ to be there entered separ
‘and apart from all other monies, to be reserved to be from
‘ time disposed of by parliament towards defraying the necess;
expenses of de fending, protect ing and securine the british colc
‘and plantations in America.?? But supy >..g these as well a
other revenues collec ted in the province haa been, in the first in
nei tpt to the defraying the expenses thereof, the expendit
has still exceeded the receipts in the sum of fifteen thousand {o1
dred and thirty -four pounds eleven shillings and one penny hal
sterling.”

d|

—?

159

went into committee of supply and ways and chap
— hae the view to provide the necessary -

funds. ac far as the resources of the province

WO Nd iit, and made provision accordingly.

m Atte ting the re imburseme nt to the military
4 | chest, of some £638, advanced from it towards
i | defraying the salaries of the officers and
W! contingencies of the legislative council and

issembly, and for certain repairs to the build-
‘no in which the assembly sat, (the A veché, or
Jd roman catholic ¢ ‘pisc opal pi a e,) they voted
‘nat the sum of £5,000, sterling, be granted

Mm «to his Majesty towards defraying the admi-

WM « nistration of justice and support of the civil
i government of this province, for each year,
k “to count from the 5th of January, 1795, and
‘ in future.”

4 ‘he commissioners appointed under the act
3]

Mm of last session, to treat with cor missioners on
behalf of Upper Canada, concerning duties and
drawbacks to be allowed in favor of that pro-
@ vince, reported that they had met and finally
te ad} usted with them the sum to be reimbursed
to Uy »per Canada, for the years 1793 and 1794.
"| hey stated, that being, as well as those from
im the other province, “ authorised to enter into
fe an ay greement fora fur ther period, and being
equally desirous to treat on the subje ct, whic!
f unproy i d for, might give rise to, diffic shies
here afte ; being, at “the same time, most soll-
ious on both § sides, to preserve the harmony
ind cordiality which prevail between the two

,

provinces, the article in the proy isional agree-

ere

160

Chap, Ment for two years was cheerfully assented to
3 ~ by that article the province of Upper Cana
‘is entitled tp one-eighth part of the revenu
aiready payable, cr that may become payable
on goods, wares or merchandise coming int
Lower Canada, under an act of the lepislature
tiereof, and to assure the most perfect free-
dom of ‘tarcourse and trade with our siste
province, it is provided that no imposts or
duties shall be laid by Upper Canada, which
not only renders unnecessary the establishing
of custom-houses on the line which divides thy
two provinces, but saves to both an expens:
that, in all probability, would far exceed any
irifle of revenue that this agreement may take
from one or the other of the provinces mor
than their absolute proportion.”’*

*
58 me ees mee

1795.

* « The commissioners having met and communicated to each cin f ;
‘their respective powers and authoriiies, and having talen into co: 4
deration and maturely weighed cervain statements ©: revenue 1
in the province of Lower C anada, inthe ye ‘one ‘aousand sey
hundred and ninety-three and one thousand sev..: aundsed and ninet;

four, and certain statemeiits of the exportation of part of the win
into the province of Upper Co na‘a, also the apparent population an
relative situation of those i»: ‘98 respectively, have unanin
greed : M ae

[. That the province of Lower Cana‘a, shall be and hereby is
accountable to the provinee of Upper t anada, in full of all ri
claims and demands which the said province of Upper Canada, n
have on the province of Lower Canada, by reason of the duties |

ipon wines, in the years one tl ousand seven hundred and ninety-*!
and one thousand seven hundred and ninet y-four, under an act oi |
legislature of Lower Canada, passed in the thirty-third year of his
Majesty’s reign, entituled ‘* an act to establish a fund for paying
salaries of the officers of the legislative council and assembly, a:
defraying the contingent expenses thereof,” in the sum of three |
dred and thirty-three pounds four shillings and two pence curr
which said sum shall be paid into the hands of such person or
as may be appointed on the part of Upper Canada

e II. The legislature of Upper Canada, will not impose any dul
whatever on any goods, wares, or merchandise imported into Low

ssented OF
ver Canada
le revenue
1¢ pa ayable
oming Into
legislature
rfect free-
1 our siste)

imposts or

ada, which
>stablishing
divides th¢
In expensi

xceed any
1t m ay Lake

mces more

ated to each cihe
taken into co!
venue ra!
aousand s¢
dred and sure
ahr the v
u populati yy an
nave unanin

hereby i rad
ul of all rm
her Canada, 1
the duties |
und ninety-t}
der an act «
urd year of
1 for pay
ssembly, a:
m of thre
ence curr
erson or pel

yose any

‘tes ato bu!

pa

l6]

/

Several important acts

—

sennes this

were
ession, ease _ them two of revenue for |

ciyil government t of
the clung ar ptelbecka eS. The speaker,
Chartier De Lotbiniére, esquire, in presenting
those bills for the royal assent, according to
usage and the privileges « of the commons, ad-

dressed his excellency :—

‘ Jn a pecuniary point of view, my lord, this supply can
be an object but of small amount to his Majesty 5 but when
ihe slender abilities of our constituents are considered, and
that it is presented as a tribute of gratitude, for the happi-
yess which we enjoy under the fostering care and protec-
tion of the parent state, and the benign infienee of that

onstitution which has been accorded to us, upon a model
of perfect practical excellence ; it thence assumes an im-
portance, that we doubt not our most gracious sovereign,

er)

Canada, and passing into Upper Canada, but will allow and admit th:
legislature of Lower C anada, to impose and levy such reasonable du-
ties on such goods, wares and merchandise aforesaid as they may judge
>: vedient for the raising a revenue within the province of Lower
Canada.

IJ. That of such duties as the legislature of Lower Canada has
already imposed or may hereafter impose on goods, wares and mer-
chandise coming into the province of Lower Canada, the province of
Upper Canada, shall be entitled to receive annually, an 09 dispose of
ne-eighth part of their net produce for the use and bi t of the said
province of Upper Canada, the other seven-eighths r¢ ning for the

» of Lower Canada.

That there shall annually, mn the month of |
soon afterwards as possible, be furnished to the lieute
person administering the government of the province Upper Canada
(or the time being, duplicates of the accounts of all s that now are
or hereafter may be imposed by the legislature | of Lower Canada

V. Thatthis agreement is to continue and be in force until the last
lay of December, which will be in the year of our lord one thousand

even hundred and ninety-six, and no longer.

This done and concluded at Montreal, this eighteenth day ot
ruary, one thousand seven hundred and ninety-five,
of the same tenor and date.”

i)

embe T, OF as
nt govern OF

heh.
1aViNE signed ex
comes
6)

in

Oo

{ hap

162

Chap, 2nd the magnanimous and generous nation which he governs,
v. will measure only by our intentions. f
ww = On such an occasion, my lord, I cannot but considey ,
1795. a very singular happiness to myself, that the first bills whic;
by command of the assembly of Lower Canada, I have ihe
honor to present to your excellency, have passed with a
degree of zeal and unanimity, that evinces the warmest se).
timents of attachment and duty to his Majesty, and estecin
and respect for your lordship’s administration.

“If [ omitted to represent a circumstance so credit!
to the assembly and to this province ; I should ill discharg
the trust which they reposed in me, and which your
ship so graciously confirmed.

“‘ [n forming the first bill, the assembly were solicitoy
select such objects of revenue, as are calculated to bear th
least gppressively or the community : the greater number of
articles subjected to duties are acknowledged luxuric
most countries ; and only one (salt) is considered in any,
of necessity ; that circumstance, however, is far more tha)
eompensated, by its being an article so generally diffused,
that each individual will pay but a trifle; by the certai:
of the collection of the impost thereon ; by the impract
bility of smuggling so bulky a commodity, and by the con
deration that it can still be furnished to the consumer,
price below that of almost any other country: hence |
became a very fair object of revenue.

“The other bill of supply, which I have the honor
present to your excellency, is formed upon the Ee
combining revenue with regulation, in order to prevent a!)
in certain occupations, and to render them of utility to
province.

“ The bills, my lord, which I have in my hand are
tuled, “ an act for granting to his Majesty additional and
new duties on certain goods, wares and merchandises,
for appropriating the same towards further defrayiny tie ¥
charges of the administration of justice and support of ins “@
civil government within this province, and for other purpose: ie
therein mentioned,”? and ‘an act for granting to his Mo
jesty duties on licenses to hawkers, pedlars and petty ¢'
men, and for regulating their trade ; and for granting 2
tional duties on licenses to persons for keeping hous

\
i i
ih
HE
1
ih

‘|
Hela
i

ich he governs,

but considey . i

ada, I have ihe
passed witha
e warmest sen-
ty, and esteem

irst bills whic! |

se so credit
wld Wl discha:
nich your

ere solicito.

1 Me

ated to bear the

ee

pater numberof @
ged luxurie 5
ered in any,

is far more tha)
erally diffuseu,
yy the certainty #

the impractica- j .|
1d by the cons. @
consumer, aia |
untry: henc 4
ye the honorts
he princip) :
prevent abuses ie
f utility tothe
; "J
> hand are ini:

fadditiona! and

chandises, 2 ie

defraying the

support of Ge

other pur;

ing to his M:
nd petty cin
pranting
ing hous

163

any other spirituous liquors in this province, and for regu-

lating the same; and for repealing the act or ordinance ~~

5

therein mentioned ;” to which the assembly humbly be- 1795

seeches your excellency to give the royal assent in his
Majesty’s name.’

His excellency prorogued the legislature, on
the 7th May, much gratified, as may be seen in
the terms of his speech, at the result of the
session. The speeches of lord Dorchester,
being invariably short, and to the purpose,
the reader will not, in running over this,
think the time he may bestow in the perusal
10st :-—

“6 Gen‘iemen,—I cannot put an end to this session of ou:
provincial parliament, without expressing my approbation
and thanks for that zeal forthe public welfare,
distinguished all your proceedings.

Gentlemen of the house of assembly ,— The cheerfulness
with which you have granted a supply towards defraying
the civil expenditure of the province, gives me great satis-
faction, the judicious choice you have made of the means
for this purpose, evinces a tender regard for the interests
and condition of this country ; and the unanimity you have
manifested in this tribute of gratitude and attachment to the
king’s government, cannot but be highly pleasing to his
Majesty.

“ Gentlemen,— The assiduous and earnest attention to the
public — which you have collectively exerted during the
course of along session, renders it unnecessary for me to
recommend a continuance of the same laudable spirit in the
lifferent parts of the country where your several private
avocations may now call you: you will there have the

opportamity individually to inculcate the advantages arising

‘rom habits of order, industry and sobriety, which must evi-

Jently tend, as well to the particular benefit of the people,
o the general prosperity of the province.”

ublic entertainment, or for retailing wine, brandy, rum, or Chap

which has.

v

ee eet

164

chap. The gross amount of the revenues of th,
’. present year, that is to say, of the year ending
i795, the 5th January, 1796, was £11,141 6s. 14
currency, and the net amount remaining, alte;
all expenses of collection were paid, £10,42,
18s., derived from the following sources, viz
Casual and territorial, - £& 44113 4 gross,——-net £ 434
Duties by 14 Geo. 3, ch. 88, 250015 4 do. do, 2125
Licenses under do, 898 0 O do.
Duties by prov. parliament,
under act 33d of H. M., 1132 14 8 do.
Do. act 35th of H. M., 6039 19
Fines, - : . 128 3

€11141 6 1
The civil expenditure of the province for (h)
year 1795, was £24,711, currency,—includiny
£1205 2s. 10d., to Upper Canada, for its po:
tion of the duties levied in Lower Canada.
The salaries of the officers of the legislati

council and assembly, and contingent expenses
thereof, for the year 1795, amounted to £156),
currency ; the fund to cover which, under ‘!y
act passed for the purpose (33d Geo. IIL.) a:
seen above, realizing only £1132.

ues of
year ending |
41 6s. 1d. |
ining, after § ee 7

1, £10 ior fl CHAPTER VI.

the subject we are upon. If they could,with pro-

yriety, be se asoned with something more racy
han mere politics, the writer would take pleasure |
in indulging his readers in as liberal a sprink- |
ling of matter foreign to them, asthe subject

CES, VIZ:— & Parliament meets—sketch of the speech —and of the address bn]
\4 Ay ‘ . © = it |
me fey bY in answer to it—new road-law bill—lods et ventes, alroit an
‘ yen e guint, &c , and petition relating to them—+bills passed hh
~one relating to the revenu reserved — -prorogation — i

6857 Lord Dorchester embarks on Jeave of absence, for Eng- /

12 : land. in the Active frigate—-wrecked on Anticosti —

y. £0 , , id
ioe ae toe succeeded by Mr. Prescott,' as lieutenant governor— =
£10425 | seneral elections—members returned—meeting of the new Hh
ince for thy parliament- apr OCHRE Ae < HO UNE Rane governor appointed F |
eal rovernor in chief—congratulated by the assembly on his i
vioune fl WV} a
3 me whos appointment-— bills passed during the ses sion— prologa-

. ‘ ‘ { a

for 1s Y* t tion —miscellaneous—trial and execution of McLane, for tt |
Sanada. .% high treason—financial stateinents. u
e legislativ. & nia ; : aq
nd expel saa. These details will, to most readers, be Chap H
nses @ ' | Te

dto £1565. Wa 2eavy rand uninteresting, but they are, never- if
) e}i} }. 4 ti al 4 él
Hider me th Reon essential to the proper understanding of 1795.

9 ae & | i it f q

eo. IT.) i

tr pw

| ze ‘ould bear. But it is one, be it always remem- i
f BR bered, of facts—of bistor Ys if we may ‘ Ya) dignify
fm it, and not of romance, and the gravity belong- |
@ ing to it, must not be lost sight of. If now and
Wm ihen we do deviate, the deviation will be but :
om moment: ary and litte f rom the track, to which i
i} we shall invariably keep an eye, returning to |
Bie

it as soon as possible.

166

Lord Dorchester again met his parliame:
on the 20th Nove ‘mber. After alluding to |
deficiency in the late harvest in Europe,
that in Canada, whereby he had found it ne«
sary to prohibit, till the 10th December,
exportation of wheat and bread stuffs, he reco
mended to their consideration whether
thing further could be done to prevent th
distresses with which this failure might thre
the poor.

His excellency, in informing the assen
that he would order to be laid betore then
statement of the provincial revenue of 1
crown, together with the annual expenditur
observed, that * the simplifying of all the reg)
lations concerning the revenue, by such mod
as circumstances may render most expedien'
and the providing such prudent restraint: |
may prevent its unauthorised diminution. |
matters highly deserving your most seri
consideration.

“ Gentlemen of the legislative council,
pomemes of the assembly.— After pointing ou

o you the advantages arising from a revenv tt
forised on judicious principles and een
guarded against abuse, [have nothing torecom 9
mend more deserving your immediate attentio @
than a well-regulated militia :—this is the con- 7
stitutional guard to which the magistrate should |§
have recourse if, at any time, extraordinar y aid

pre | be found nee essary to enforce the jay

* to miata Ain internal tranquillity :—this alon
can secure to you respect from without, and

parliamen
ling to

rope, 1

d it nec 4

»mber, aq
he recom
ether p
revent =
ht threat ia

assen
ore then
ue of 1)
cpenditure
li the regi
such mod
expedie!
straints
nution., J
yst serious §

= 7" ne eA A

puncil, ant
pointing out
a revenu |
vigilant) |
to recon -
€ attentiol Ve
is the « a
rate should i.
rdinary aid
€ the id
-this alon
thout.

Ui

vour excellency’s proclamation of the

ssisted by the regular troops, will afford effec- chap

ial defence against the open attempts }
<ternal enemies.”
The address of the assembly to his excel-
ence) corresponded with the speech s—** [m-
ssed”—said they— with a sense of the
opriety of securing to Great Britain and her
lependencies, in the time of scarcity, all the
other articles of sustenance which
is province can afford beyond its own con-
imption, we cannot but highly approve of
Sth
Viay last, laying a partial embargo for that pur-
ose: and we entertain the most grateful sense
ihe paternal care and tender regard your
ccellency has shewn for the welfare of his
fajesty’s subjects in this province, by laying a
ieral embargo on all wheat, peas, oats,
ley, indian-corn, flour and biscuit, in conse-
quence of the general failure of the crop in
Lower Canada, and we shall not fail to adopt
‘such further measures as the circumstances of
he province may require, to prevent the dis-

Pati and

tressing consequences with which this failure

may threaten the poor.” A bill for indemnify-
ng all persons who had been concerned in
advising and carrying into effect the embargo,
was accordingly passed, but no further mea-
ure of relief was found necessary.

The formation of a new system of road laws,
particularly occupied the attention of the legis-
lature this session, anda billto that effect
was passed, which operated well during

Vi

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1796

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168

Chap. many years; and indeed, until recently, when,
VI. mutilated by innovations, inoperative and
y795, impracticable in Lower Canada, what remains
of it in force, seems so imperfectly under-
stood by the country people, that it is become
comparatively, in many places throughout
the province, a dead letter. The assembly
also earnestly occupied itself, going fre.
quently into committee of the whole on the
subject, with that part of the governor's
. message to the house, of the 29th April, 1794,
concerning the casual ‘and territorial revenue,
and the raising of Jods et ventes, quints, &c.,
due to the crown, but without coming to any
final determination on the matter. .
While it was under discussion, a petition
from divers inhabitanis of Quebec, was laid
before the house, which, as the subject is stil
unredressed, and a grievance to its citizens,
after the lapse of fifty years, deserves a passing
notice. They represented,—

“ That when this country was surrendered to the arms of
his britannic majesty, whereby he became vested with al!
the feudal rights of the most christian king, the ciiy of
Quebec, and particularly the lower town, wasa heapo @
ruins. That his Majesty’s loyal subjects, old and sew, AX
have, since that period, been at great expense in repairi1g |
the ravages of war, by rebuilding the city, and in makin:
valuable and extensive additions thereto; in wharves, stores
and other buildings, especially towards the river, in so muc!!
that the value of his majesty’s censzve, in the city of Quebec,
by the enterprising industry of his loyal subjects, is aug-
mented beyond calculation.—That, however burthensome
the feuda, rights may in general be considered throug)out
this province, their operation as a tax upon industry and
improvement, is more particularly felt in the towns and ,

ently, when,
erative and
vhat remains
actly under:
it is become

throughout
he assembly

going [re-
vhole on the

governor's
April, 1794,
rial revenue,
guints, Kc,
yming to any

1, a petition
ec, was laid
ubject is still
its citizens,
ves @ passing

bd to the arms of
vested with all
ing, the ciiy of
was a heap oi
by old and new,
pnse in repairiig
, and in making
wharves, stores
iver, in so mucli
P city of Quebec,
bjects, is aug:
rer burthensome
ered throug)out
on industry and

the towns and |

169

villages, where the buildings, erected at the expense of the Chap.
inhabitants, may be said to constitute the whole value; and VJ.

where a lot of ground, originally worth nothing, may be —~
improved to an immense amount; and that this is the case, 1796.

in innumerable instances in the city of Quebec, isa fact
well known to every individual m the provincial par-
liament.

“ The petitioners humbly beg leave further to state, that
his Majesty’s claim to /ods et ventes, on the various aliena-
tions that took place in this city, having been suffered to lay
dormant for upwards of twenty-five years after the conquest,
and having never yet been enforced ; the petitioners, as well
as their predecessofs, were led to indulge a hope that it
would never be revived: and under these circumstances,
many of the petitioners, as well as their predecessors, ac-
quired considerable property by purchase, in his Majesty's
censive, at its full value, without adverting to the payment
of lods et ventes, or calculating upon that claim in making
their purchases.

* That many of the petitioners are men in trade, whose
real property has undergone so many mutations since the
conquest, that if the ods et ventes on each alienation, were
io be rigorously exacted, it would be productive of ruin to
them, and involve their creditors in the loss.

“ The petitioners, therefore, humbly pray, that all the
lods et ventes due to his Majesty, in the city and suburbs of
(juebec, may be graciously remitted, and that the same
may be commuted in future into an annual ground rent,
proportionate, in some degree, to the situation and value of
their respective lots at the time of the conquest, having
regard to their superficial extent.’’*

* This, it is to be observed, relates only to such parts of Quebec,
and its suburbs, as are within the domain of the crown. The semi-
nary, the fabrique, the nunneries, or religious communities of ladies,
are also, as well as the crown, respectively proprietors (in mortmain,)

of different portions of ground held by them en fief in the city, and

which being subdivided into lots and built upon by the censitaiyes, pay

| asrnall annual ground-rent, as an acknowledgment to the institetion
| within whose censive,or seigniorial precincts, the ground is situate, be-
| sides lods et ventes equal toa twell

_ every sale of the ground, including the buildings and improvements
“ponit, in addition to the purchase money.—These rights, appertain-

fth of the purchase money, upon

P

169

villages, where the buildings, erected at the expense of the chap.
inhabitants, may be said to constitute the whole value; and VJ.

where a lot of ground, originally worth nothing, may be ——~
improved to an immense amount ; and that this is the case, 1796.

in innumerable instances in the city of Quebec, isa fact
well known to every individual m the provincial par-
liament.

“ The petitioners humbly beg leave further to state, that
his Majesty’s claim to /ods et ventes, on the various aliena-
tions that took place in this city, having been suffered to lay
dormant for upwards of twenty-five years after the conquest,
and having never yet been enforced ; the petitioners, as well
as their predecessofs, were led to indulge a hope that it
would never be revived: and under these circumstances,
many of the petitioners, as well as their predecessors, ac-
quired considerable property by purchase, in his Majesty's
censive, at its full value, without adverting to the payment
of lods et ventes, or calculating upon that claim in making
their purchases.

* That many of the petitioners are men in trade, whose
real property has undergone so many mutations since the
conquest, that if the lods et ventes on each alienation, were
io be rigorously exacted, it would be productive of ruin to
them, and involve their creditors in the loss.

“ The petitioners, therefore, humbly pray, that all the
lods et ventes due to his Majesty, in the city and suburbs of
Quebec, may be graciously remitted, and that the same
may be commuted in future into an annual ground rent,
proportionate, in some degree, to the situation and value of
their respective lots at the time of the conquest, having

. regard to their superficial extent.”’*

* This, it is to be observed, relates only to such parts of Quebec,
and its suburbs, as are within the domain of the crown. The semi-
nary, the fabrique, the nunneries, or religious communities of ladies.
are also, as well as the crown, respectively proprietors (in mortmain,)
of different portions of ground held by them en fief in the city, and
which being subdivided into lots and built upon by the censitaiyes, pay
a srnall annual ground-rent, as an acknowledgment to the institetion

| within whose censtye,or seigniorial precincts, the ground is situate, be-
| sides lods et ventes equal toa twell

_ every sale of the ground, including the buildings and improvements
F uponit, in addition to the purchase money.—These rights, appertain-

fth of the purchase money, upon

P

170

“we ‘Twelve bills received the royal assent this
~ session.—Cne, a bill repealing certain acts
1796. granting duties io his Majesty, (including those
of the imperial act of the 14th Geo. III, ch. 88.)
and granting new and additional duties, in hicy
of the same, for defraying the expenses of
the administration of justice and civil govern:
ment, was reserved for the royal pleasure.
Among those passed was an act for regy
lating the trade with the United States.— .
Another for appointing commissioners to trea
with Upper Canada concerning the proportioy,
of duties and drawbacks to be allowed it by
Lower Canada, and a third making furthe
improvements to the militia acts of last
session.
His excellency prorogued the session on the
7th of May. “ It had afforded him great saiis-
faction,’—he said—* to observe, during the
present session, a continuance of the same zea
lous attention to their legislative duties, and ‘
the general interests of the province,” which
he had occasion to notice in their former pro
ceedings.
« Gentlemen of the house of assembly,

ing to them by law, cannot be extinguished without, an equiva'ent,
and their own free consent, which, by a recent act of the legislature,
these communities, holding in mortmain. are, in eommon with the
seigneurs, now competent to. The act has, hitherto, worked slowly;
the institutions alluded to being, it would seem, reluctant to accept of
compensation and commute. The consequence of this is, that un-
provements are retarded, and a compulsory process of commutativ
of tenure looked forward to as the means of disencumbering proper
of this vassalage, detrimental to industry and trade, and which pro-
bably the legislature, in its wisdom, will authorise.

| assent this
certain acts
luding those
IIl., ch. 88.)
uties, in hey
>xpenses of
civil govern:
al pleasure,
ct for regu
d States.-
ners to treat
e proportion
llowed it by
king furthe
ots of last

ssion on the
n great saiis-
, during the
e same zea:
ties, and to
ce,”’, which
former pro-

assembly,—

out, an equivacent,
of the legislature,

jo, worked slowly,

this is, that un-
ks of commutatiol
mbering proper)
le, and which pro-

eommon with the

ctant to accept of

171

The measures adopted by you for consolidat- chap.
ing and improving the provincial revenue of ¥
the crown, and for guarding it from all abuse, ; 796.

evince that you justly consider his Majesty’s
interests and those of his subjects as insepara-
ble, and cannot fail of producing the most
beneficial effects,

«¢ Gentlemen of the legislative council, and
gentlemen of the house of assembly,—In
expressing my approbation of your proceed-
ings, I must further observe that the unanimity,
loyalty, and disinterestedness manifested by
this first provincial parliament of Lower
Canada, have never been surpassed in any of
his Majesty’s provincial dominions, and I feel
convinced that the prosperity and happiness of
of this country will continue to increase in
proportion as succeeding parliaments shall
follow your laudable example,”

The pith as well as brevity of lord Dorches-
ter’s speeches will not have escaped the reader.
Thus ended the first provincial parliament of
Lower Canada, and as auspiciously as could be
desired. Agitators, and emissaries, as it was
believed, from France, had been sufficiently
busy in various quarters of the province, since
the french revolution, to draw the attention of the
executive government, and cause it to issue a pro-
clamation on the subject as previously noticed;
but the canadians were in general well disposed,
and instructed by the clergy, and others resid-
ing among them perusing the public jour-
nals, of the recent atrocities in France, they

172

Chap. justly held them in detestation and_ horror.
St Some discontent prevailed among the rural
1796, population, on account'of the road act, which
| had made essential innovations for the better,
| | upon the preceding road laws, but which the
ih inhabitants being accustomed to, were averse
Ww to see altered, and in some quarters distur-
| | bances in consequence took place. They were,
Wil however, but momentary, and only local.
The advantages of the new laws soon be-
came apparent, and as the people grew
familiar with their operation, the opposi-
tion ceased. This spirit of resistance to the new
road act was interpreted by some into disloy-
alty and disaffection in the people towards
the government, but it really was not of thai
character nor at all concerned their ailegiance. |
Some examples, however, were made on con- jf
viction, both in Montreal and Quebec, for riots
in opposing the act, and for seditious language,
by short imprisonments and small fines ; and
three or four bills of indictment for high tre a
son (constructive treasons, it is to be suppose d,
in opposing the laws,) were even found, but
do not appear to have been prosecuted to ver-
dict, being probably relinquished by the law
officers of the crown, who, at this time, mus!
have found their account in the numerous
criminal prosecutions in the courts, to which
the road act gave rise, and for which, as
KI in similar cases, thence until a very recent
Hi date, those officials were prodigally paid from
| the public treasury, as in fact some of the same

oak. Gabe eon «fi at 2 2 bin

nd horror.
y the rural
act, which
the better,
} which the
ere averse
ters distur-
They were,
ly local.—
s soon be:
ople grew
ie Oppos!:
eto the new
into disloy .
le towards
not of that
allegiance.
ade on con-
bec, for riots
s language,
fines ; and
r high trea-
supposed,
found, but
ted to ver-
by the law
time, must
numerous
5, to whicl
which, as
ery recenl
paid from
of the same

173

fraternity, and in a spirit.of corruption itis to¢
be feared, still are.*

Lord Dorchester having again obtained his jy.

Majesty’s leave of absence, embarked with his
family at Quebec, the 9th July, 1796, in the
Active frigate, for England, leaving general
R. Prescott, in charge of the government, who
notified his assumption of it, by proclamation,
of the twelfth of the same month. His tord-
ship, who had been known and venerated in
Canada as Sir Guy Carleton, by all classes,
received from the citizens of Quebec and
Montreal, on this his final departure from the
province, the warmest testimonials of respect
it was in their power to express, and no less
sincere, there is every reason to believe, than
ardent.

«“ Having experienced for many years your lordship’s
mild and auspicious administration of his Majesty’s govern-
ment, and being conscious that, during that period, the
resources, prosperity and happiness of this province have
increased in a degree almost unequalled, we, the inhabitants
of the city of Quebec, respectfully request your lordship, to

accept our sincere and most grateful thanks and acknow-
_ ledgments,.

*« The length of your residence in the province, the advan-

f tages derived to our society from the example of private
_ virtues, shown by yourself and your family, —your lordship’s

* The attorney general and solicitor general had seats then as now

| in the assembly, and with such members of it as were also executive
| councillors, represented the government.—Jonathan Sewell, esquire,
| (aiterwards chief justice,) filled the former office, to which he had, in
| the month of May last, been promoted from the solicitor generalship ;
_ Louis Charles Foucher, esquire, (subsequently promoted to the
_bench,) succeeding him as solicitor general, and at the same time as
"inspector general of the king’s domain, these two offices being then in
_the same hands, but since disjoined.

pg

Chap. Uniform, prudent, and paternal attention, under every cha)
VI. of time and circumstance, to the true interests of his Ma,
—~ ty’s subjects entrusted to your immediate carey—and |

thy.
wat
Lidl

1796. gratitude which we feel (and must be permitted to repeat
excite in our minds, the warmest sentiments of person»!

attachment, of which allow us to tender you the strony

assurances.

‘* Under these impressions, we view your lords!ip’
intended departure, with the deepest regret; and submii:
to your determination to leave us with unfeigaed reluctay¢
we entreat you to accept our most sincere wishes for yo.
favourable passage to Great Britain,—for the future prospe.
rity of yourself and of all your family.

‘© We request your lordship, most humbly and respec:
fully to assure our sovereign, of our faithful loyalty a
attachment to his sacred person, and to offer our gratitude,

for the various blessings which we continue to enjoy |

that most excellent constitution of government, whic: \\»
have received from his Majesty and his parliament, durin,

your lordship’s administration.

‘¢ Tt is our fervent prayer, that your lordship may con
nue for many years, to receive new and additional prools «|
the royal approbation, to which, from your virtues and you [i
merit, you hitherto have been, and must ever remain,
justly and eminently entitled.”

That of Montreal was equally fervent :——

‘¢ The inhabitants of Montreal, penetrated with gratitu:
for the happiness enjoyed by them, under your lordshi)’
administration of the government of this province,
a great number of years, embrace the present opportunity oi 9
your intended departure for Great Britain, to entreat yout: §
receive their humble acknowledgments, and accept their
most sincere wishes fora favorable passage, for your heal!
and prosperity, and for that of all your family.

‘¢ The prudence anc moderation which distinguished your
conduct in this province, assured internal peace and tran- §
quillity s—and in reflecting infinite honor on your lordshiy,
confidence reposed in you by ow ff

have fully justified the
august sovereign, and securedto you the affections of the

inhabitants.

Ost

during v

ram

revery chany
of his Ma jes-
re,—and that
ted to repeat,
ts of person
uu the strony

rour_ lords! ip’
and submitiin
ned reluctance
wishes for

» future prospe:

ly and respect.
ful loyalty a
2r our gratitude,
to enjoy und
rent, which we
liament, «during

ship may cont:
itional proviso! F

irtues and you [i

pr remain, most

rveni ‘--—-
bd with gratituce
r your lordship
province, auring
t opportunity oi
o entreat youl &
nd accept their §
for your heal!) |
ly.
stinguished your
peace and tral:
m your lordship,
in you by out f
nffections of the

eRe

oe

175

‘* We beseech your lordship, to carry our most ardent (hap,
vows to the foot of the throne, for the happiness of our gra- IV.
cious monarch,--to assure him of our attachment to his —~
sacred person, and to the happy government under which it 1796.

is our glory tolive ; and we fervently pray that his Ma-
jesty’s approbation may continue to distinguish and reward
your virtues and your merit.”

His lordship returned to both addresses the
following answer :—

‘ Gentlemen,—I am much obliged by this testimony of

your regard for me and my family. It is unnecessary for me
to assure you, that your welfare, and the general prosperity
and happiness of the province, in which I have passed so
great a part of my life, will ever interest me in the most
sensible manner,

‘J shall, with the utmost pleasure, embrace every osca-
sion of representing to his Majesty the loyalty of his subjects
in Lower Canada, and their attachment to his person and
government.

‘“ Your veneration fora monarch who may justly ‘«
styled the father of his people, isa proof that you hold in
proper estimation the excellent constitution he has given to
this country, and which, 1 have no doubt, will rapidly
advance it to be of the first importance among the british
provinces.”

The Active was wrecked on Anticosti, on
her way home, but without any loss of life, or

other serious inconvenience than the detention °

occasioned to the governor and his family by
the accident, who crossed over to Percé,
near the bay of Gaspé, to await a conveyance
for England, which soon was provided for
them. His lordship arrived at Portsmouth, the
19th of September, in H. M.S. Dover, from
Halifax. Writs for the general election had
issued previous to his excellency’s departure,
tested the third of June, and the elections

— ec ee on

aa (4
t

eet! ha
A ta
i ,

D |

Chap.
VI.
Laney

1797,

176

accordingly took place in the course of thar
and the ensuing month.

The communications by mail had improved
considerably since the period at which we
noticed them. An advertisement from the posi
office, dated “ Quebec, 18th January, 1797,”
informs the public that a ‘ weekly” convey
ance by post, has lately been established
between Montreal and Burlington, in the stat
of Vermont. A similar advertisement, of the
following day, gives notice that “ a mail for //,
upper countries, comprehending Niagara and
Detroit, will be closed at this office, on Mon
day 30th instant, at 4 o’clock in the evening
to be forwarded from Montreal by the annua’
winter express, on Thursday, 3d Februar
next.” ‘These may give an idea of the inter-
course at that time, particularly during winter,
between the two Canadas. Unfrequent as were
still the communications between those pro
vinces, and thence to Britain through the
neighbouring states, they had vastly increased,
and to a degree which several then may have
thought required no further extension,* jo;
would they, if the country were to have remained
stationary ;——but every thing was in rapid pro-
gress of development—the resources of th«
country were begimiing to be understood ai
home, and the capital and energies of the

* We have by the arrival to-day of the english mail vid Boston, pei
Cambria steamer, which left Liverpool the 5th instant, dates from
Lahore to the 12th, from Delhi and Meerut to the 18th, Calcutta to
the 20th, Madras to the 24th, and Bombay to 31st August, and from
China,(Canton and Hong Kong) to 25th July.!— Quebec, 22d Oct. 1847

7

See ee

ce

Se EP A bed OA hy

one
To!
eS

ae

eee

use of that

d improved

which we
om the posi
ary, 1797,”
y” convey
established
in the State
ent, of the
mail for //.
Viagara and
@, on Mon
he evening

the annua’
d Februar
f the inter-
ring winter,
ent as were
those pro
hrough the
increased,
n may have
nsion,* no)
e remained
rapid pro-
rees of the
derstood ai
les of the

il vid Boston, pel
ant, dates from
8th, Calcutta to
ugust, and trom
ec, 22d Oct. 1847

177

british race to act upon them,—and nothing Chap.
that could, in the way of trade, be turned to **

‘ i Mall
account escaped attention, nor was allowed to ,797.

stand still. The intercourse with New York,
since the establishment of the fortnight mail
between Montreal and Burlington, had corres-
pondingly improved,—the Quebec Gazette of
Sih March, stating that “ by this day’s Burling-
ton mail we have received New York papers
of the 16th ult —they contain european intelli-
~ ° RO pee | ed
gence to the 14th December, inclusive.” The
mail between Quebec and Montreal at this
time was weekly, the journey up taking nearly
three days, and downwards the same time. The
steamers which now, (1847) during the summer
months, convey passengers and the mails, mh
/one night from city to city, were not as yet
dreamt of, nor perhaps contemplated as a
thing within the art and power of man ever to
- accomplish.
_ The new parliament meton the 24th January,
-1797.* Mr. Panet being again chosen speaker
| ; * The assembly consisted of the following members,‘ returned at
» the Jate general election :—
Gaspé, Edward O’Hara; Cornwallis, Paseal Sirois and Alexander
»Menut} Devon, N. Dorion and F. Bernier ; Hertford, L.Duniere, fils,
pand F, Tétu, Not.; Dorchester, Charles Begin and Alex. Dumas ;
p Buckinghamshire, John Craigie and G. W. Allsopp; Richelieu, B.
eCherrier and Charles Millette ; Borough of William Henry, Jonathan
PSewell; Bedford, Nathaniel Coftin; Surry, P. Derocheblave and
FO. Durocher; Kent, A. Ménard Lafontaine and J. Vigé; Hunting-
don, J. Périnault and Jos. Perrault ; York, H. Lacroix and Jos. Hé-
tier. Montreal-—-East Ward, A. Auldjo and L. C. Foucher; West
pWard, Joseph Papineau and D. Viger; County of Montreal, J. M.
Pucharme and E, Guy; Effingham, J. Jordan and C. B. Bouc;
Lemster, Joseph Viger and Bonav. Panet; Warwick, J. Cuthbert and
:. de Lanaudiere; Borough of Three Rivers, J. Lees and P. A. De
Bonne; County of St. Maurice, T. Coffin and N. Montour; Hamp-

— +s
inlets

a

oie = ge
on

pee

-
2. A ERAT RINE ETT I ES
A “i

arena

178

Chap, and the choice confirmed by the lieutenan

VI. governor, his excellency delivered his speech,

‘1797, 10 which he slightly descanted upon the rece
treaty of amity, commerce and_ navigation,
between his Majesty and the United States
as favorable to this province. He observed tha
* from the flourishing state of our comme ree,
amidst the hazards and obstructions of \ay,
well founded hopes might be entertained of
the future prosperity of the colony, when the
blessings of peace shall be restored.

“ Gentlemen of the legislative council, an/
gentlemen of the house of assembly,——As \
may confidently trust to the care and Vigilance
of our mother country and the superiority of
the british navy for our external protection, s0
it becomes our duty and interest to guard
against treacherous attempts to disturb ou
internal tranquillity.

“ You are not unapprised that, in addition |
to the customary mode of warfare, the emissa-
ries of France have been dispersed in ever
quarter, and by holding out delusive prospects
to the people, they have endeavoured to dis
turb the quiet of all settled governments.

“ Attempts of this nature having recent
been made in this province,* it is incumbent on

shire, Joseph Planté and Francis Huot. Quebee—Upper Town, J
A. Panet and Wm. Grant; Lower Town, J. Young and A. J. Raby;
County, John Black and Louis Paquet ; Northumberland, P. Bedard
and James Fisher; Orleans, Jerome Martineau. Of the fifty names,
if itis of any importance to distinguish them, thirty-six denate 1
french, and fourteen a british or irish origin.

* These, however, appear by the evidence on the trial of McLane,
noticed presently, and by all | that has sinee transpired, te have been

he lieutenant
d his Spe: ch,
on the recent
d navigation,
Jnited States
ybserved that,
ur commerce,
tions of war,
entertained of
my, When the
‘ed.

- council, and
nbly,——As
and vigilance
superiority of
protection, §0
rest to guard
> disturb our

t, in addition
e, the emisse
rsed in every
ive prospects
oured to dis
nments.
ving recently
incumbent on
e—Upper Town, J
ng and A. J. Raby;
berland, P. Bedarl

Of the fifty names,
thirty-six denotes

the trial of McLane,
spired, te lave beet

179

me to direct! your atiention to the salutary Chap.
». already ptoduced by the alien bill, and

as its duration is limited to a period whic h will J 7.
soon expire, to recommend to your consi-
deration the expediency of prolonging its
continuance.”

The address perfectly responded to the
speech:— With the utmost confidence”—
aid the ys we trust in the vigilance of our
mother country and in the superiority of her
navy, for our external defence ; and as it is our
inclination as well aS our duty, to co-operate
with your excellency, in whatever may be
necessary to frustrate the treacherous attempts

‘of the emissaries of France, to disturb our
internal tranquillity, we will immediately pro-
ceed to the consideration of the alien bil
which they accordingly took up without delay,

!|,"—

and gave to the executive powers as ample as

Cc ould be desired.

The assembly also strengthened the execu-

Btive by a temporary act “ for the better pre-

servation of his Majesty’s government, as by
Jaw happily established in this province,”

Jimiting its duration to the month of May,
1798, as it gave extraordinary powers to
the executive, the abuse of which might be
rendered exceedingly oppressive, to any sub-
ect becoming obnoxious to it, or incurring its
displeasure.*

puch overrated, probably by the ultra loyal of the day, who may
pave found their aceount in speculating on reports of this nature.

* This aet empowered the executive to apprehend and commit.
rag pleasure, any person accused or suspected of treasonable prac-

179

me to direct! your atiention to the salutary Chap.
é. ) already ploduced by the alien bill, and
as its duration is limited to a period w hich will a,

fsoon expire, to recomme nd to your consi-

deration the expediency of prolonging its

Cc ontinuance.”

The address perfectly responded to the
speech:— With the utmost confidence”—
said the ys! we trust in the vigilance of our
mother country and in the superiority of her
navy, for our external defence ; and as it is our
inclination as well a8 our duty, to co-operate

with your excellency, in whatever may be

necessary to frustrate the treacherous attempts

‘of the emissaries of France, to disturb our
internal tranquillity, we will immediately pro-
ceed to the consideration of the alien bill,”—

which they accordingly took up without delay,

fand cave to the executive powers as ample as
ould be desired.

The assembly also strengthened the execu-

Btive by a temporary act “ for the better pre-

servation of his Majesty’s government, as by
law happily established in this province,”
Jimiting its duration to the month of May,
1798, as it gave extraordinary powers to
the executive, tiie abuse of which might be
endered exceedingly oppressive, to any sub-
ject becoming obnoxious to it, or incurring its
cispleasure.*

uch overrated, probably by the ultra loyal of the day, who may
bave found their aceount in speculating on reports of this nature.

* This aet empowered the executive to apprehend and commit.
ring pleasure, any person accused or suspected of treasonable prac-

180

||" chap. In the course of the proceedings in this ses.
Hi VI. sion, there was a proposition by Mr. Grany,
Hi “~~ « to resolve that, for the instruction of youth

Hh 1797. , j
| in the higher branches of knowledge, it \;

necessary that an university, upon liberal prin-
ciples, be founded and established in this pro.
vince, as soon as circumstances shal! permit.”
| —This was lost by a majority of fifteen, on
moving * the previous question,” and was tls
disposed of without an absolute negative on the

: merits of the proposition itse!f.
An address was sent to his excellency,

Hi tices, without trial, without bail, or mainprise, and without the rie\:
| of being confronted with his accuser, or even of knowing who he wa;

or of being entitled toa knowledge of the contents of the depos)tion
matter sworn to, in virtue whereof the accused was in custody. It, jp
fact, suspended the habeas corpus writ with respect to those falling
under its operation 7. e. the displeasure of the executive, and finally
became so odious, in consequence of the arbitrary imprisoninenits jy
1810, tuat the assembly refused to renew it, ae although the war
with the United States immediately followed, the want of it was never
felt by the government, which there is every reason to believe was
more cheertully supported in the struggle without, than it would hay;
been with so formidable an engine of despotism in its hands, as the
act alluded to, “ for the better preservation of his Mcjest: ’s govern:
ment, as by law happily established in this province,” and which,
not to misrepresent it, is, in part, here submitted to the reader's Juspee-

thon :—— :

‘¢ Whereas it is necessary to defend and secure his Majesty's good
and loyal subjects, against any traiterous attempt that may be ‘orme:
° for subverting the existing laws and constitution of this province of
Lower Canada, and for iniroducing the horrible system of anarchy
and confusion, which has so fatally prevailed in France ; therefore,
Hl and for the better preservation of his Majesty’s government, «and for
wa | recuring the peace, the constitution, laws and liberties of the siid pro
| viuce,—Be it enacted, &c,, and it is hereby enacted, that every perso!
or persons who are, or shal] be in prison within the province o1 |ower
Canada, at or upon the day on which this act shall receive his Majes
ty’s royal assent, or after, by warrantof his Majesty’s cxecutive
council of and for this province, signed by three of the said executive
council, for bigh treason, misprision of high treason, suspicion of fag
high treason, or treasonable practices, may be detained in safe custo)
without bail or mainprise, and shall not be bailed without a wartant
for that purpose, from his Majesty’s executive council, sig.ed by
three of the executive council.”

igs in this ses.
ry Mr. Grant,
ion of youth
wledge, it ig
n liberal prin-
-d in this pro:
shal! permit.”
of fifteen. On
and was thus
egative on the

s excellency. |

nd without the rie
nowing whio he way
sof the deposition
fas in custody. It, ip
pect to those falling
cecutive, and finalls

ry imprisoninenits in
c

although the war |

want of it Wus never
nson to believe was
-, than it would hay:
in its hands, as the
is Me jest *S cover:
vinee,”? and which,
D the reader’s inspec

his Majesty's good
that may be forme:
of this provinee of
system of anarchy

France ; therefor, @

rovernment, «and for
rties of the said pro
ed, that every person
e province of Lower
Lreceive his Majes

Majesty’s execute
bf the said executive
reason, suspicion 0}

tained in safe custody

A without a wartanl
council, sigued by f

i8]

acquainting him that the assembly being con- chap.
vinced of the inconveniences and defects of the ¥!
places in which the courts of justice were 4797.

held in the cities of Quebec, Montreal and
county of Gaspé, had come to the resolution of
praying his excellency would be pleased to
vive directions that a report be made him of
the places best adapted for erecting public
buildings or halls for the sittings of the courts
in those places, with plans and estimates of
ihe expenses of such buildings, that the sam«
may be laid before the house early in the next
session, whereby it might be enabled to take
into consideration an object so essential to the
dignity of the administration of justice, and to
the lives and property of his Majesty’s subjects.

The lieutenant governor, during the session,
received the appointment of governor general,
and on the 28th of April, it was by the assem-
bly resolved, nem con, that an address be pre-
sented to his excellency the governor general
expressive of the satisfaction of this house, in
having an opportunity, before the end of the
session, of congratulating his excellency on his
advancement as governor general of the pro-
vinces of Upper and Lower Canada, and to
express the gratitude they feel for the paternal
attention of our august sovereign, who, in

m rewarding his excellency’s distinguished merit,
_ confirms his loyal canadian subjects in the
om continuation of the happy constitution under

which they live, the preservation whereof

@ ‘epends upon their co-operating with the wise

Q

Sg ignars ieee,

182

Chap. rneasures and prudent exertions, of which his

“l. excellency has already given such effectua|

\797. proofs, towards maintaining the tranquillity of

the province, and an address to that effect was

accordingly presented him, the speaker and
whole house attending on the occasion.

But six bills are to be found as the result o!

this session, on the statute book, including the

two (the alien, and the preservation of govern-

ment bills,) previously noticed. They were,

however, all measures of importance ;—one
continued the act regulating the trade with the
neighbouring states—another ratified certain
provisional articles of agreement with Upper
Canada, relative to duties, entered into by com
missioners named for that purpose,—a third,
made more effectual provision than heretofore
for the pilotage in the St. Lawrence, between
Que'sec and the Island of Bic,—and finally, ay
act continuing a temporary act relating t
returning officers at elections. Sanctioning
these, his exceliency dismissed, on the 2d May,
the representatives in the following commenda-
tory terms :— 7

“ The bills that have now received the royal assen',”’—
ssid his exeellency,—* afford the strongest evidence oi

your attention to the safety and welfare of the province. |

Among others, the act forthe better preservation of his
Majesty’s government connot fail to meet the particular
approbation of our gracious sovereign : as it is a demonstra
tion not only of your attachment to the constitution under
which you live, butalso that you are sensible how neces
sary itis, ina time of peculiar danger, to vest additional
powers in the hands of the executive government.

« Tt would give me the greatest pleasure could I acquaii!

— ——.”mlCUllU lll! Cllr

»
re

of which his
ich effectual
ranquillity of
at effect was
speaker and
asion.
the result o
including the
on of govern-
They were,
rfance ;-——-one
rade with th
tified certain
+ with Upper
1 into by com:
ose,—a third,
an heretofore
nce, between
and finally, av
t relating to
Sanctioning
the 2d May,
ig commenda:

royal assen',’—
gest evidence 0

eservation of his
bet the particular
it iS a demonstra:

sible how neces
lo vest additional
nment.

could I acquaiil

the province. |

onstitwion under |

183 ©

you that his Majesty’s earnest endeavours to negociate a Chap.
general peace had met with success; but whenever the YT.
miseries of war shall terminate, whether they shall speedily ~—
cease, or be wantonly protracted by our enemies, still the 1797.
disinterested offer of our sovereign to procure restitution to

his allies by a sacrifice of his conquests, will not fail to be
recorded to future ages; it will stand as a proof of the
generosity of his Majesty’s councils and of the high station

held by Great Britain among the powers of Europe. :

« T have the happiness to inform you, that the unpro-
voked aggression of the court of Spain, in declaring war
against our gracious sovereign, has been effectually checked

in the outset by a signal victory gained by his Majesty's
navy off cape St. Vincent, in which a british squadron
attacked the fleet of Spain, and captured several ships of the
line, although the enemy were nearly double in number.

“ After having faithfully discharged your public duties,

_ with respect to such objects as required immediate attention,
it will doubtiess afford you great satisfaction to be enabled
to assure your neighbours and constituents on your return
among them, that the naval power of our mother country
| still retains its supericrity, and that the british standard is
displayed in every quarter of the giobe, to protect the pro-
| perty and encourage the industry of all the faithful subjects
| of the british empire.”
_ David McLane, an american citizen, repre-
_ senting himself on his trial, as a bankrupt trader,
formerly of Providence, Rhode Island, being
apprehended in the month of May, at Quebec,
ona charge of high treason, was soon after
‘brought to trial and convicted. His project
/was great—no less than the total extirpation of
m the british power from the continent of America,
beginning with Quebec, which he intended to
mtake by surprise. This he purposed, accord-
ging to the evidence at his trial, to effect by
obtaining, in the first place, the confidence of
men of influence in Canada, and through them,

-

Fiala pag

2d SS Reece a eal iernariinn te

ele So a aR

~* se adrene i Ricco oer oy ae eae

184

Chap. the co-operation of the canadians. He wasto pu
YI himself at the head of a party of engagés fron

‘T797. the neighbouring states, (who, as he informed

those to whom he had broached the subject

were already retained, and by small bodies, a

raftsmen, to rendezvous and be in Se dina:
near Quebec,) and to make, on a day fixed, 4
sudden rush with his men, armed with wooden
pikes eight feet long headed with a spear of iron
upon the garrison, which he had no doubt o!
carrying. He spoke also of a previous distri-
bution of liquors mixed with laudanum amony
the troops, to keep them quiet while accom:
plishing his purpose, but when or how these
were to be administered does not appear. He
represented himself as a general in the fren

service, and acting under the immediate direc
tions of Mr. Adet, the french minister or charg’
@affaires in the United States. He had, ii
seems, visited Canada the previous year, on a
tour of information, but to little or no purpose,
acquiring no partisans or friends of the leas’

consideration or influence in the country, o:
that could, in the smallest degree, proniote the
humblest of his projects. On his return ile
present year, in coming in from the States by |
the way of St. John’s, “he hired a habitant o! §
that neighbourhood by the name of Charles
F richette, whom he induced to accompany
him to Quebec, making him at the same time:
confidant, and opening to him his schemes.—
Applying to a person at Quebec, not. dispose:
to participate in his schemes, he was given 1!

|

e wasto put
igagés trom
he informed
the subject,
il bodies, AS
in readiness
day fixed, 1
with wooden
spear of iron
no doubt o!
avious distri:
anum amon:
yhile accom:
yr how thes
appear. [ie
in the frenc
1ediate direc
ster or charg:
He had, i
Ss year, oli
no purpose,
: of the least
country, 6
, promote the
g return the
the States b)

9 habitant oi §

e of Charles
) accompa

a

same timed |

s schemes.~
not. dispose
vas given

185

by him to justice, tried, and on the 21st July, Che

accompaniments, on the glacis outside the wall j797

executed asa traitor, with all the revolting

of Quebec, near St. John’s gate. F'richette,
who was an illiterate man, and of no import-
ance, was also soon afterwards tried and con-
victed of misprision of treason, in having a
knowledge of the designs of McLane, and con-
cealing them. He was sentenced to imprison-
ment for life, but not long confined, being
pardoned and set at large shortly after trial.
This, from the conquest to that time, is the
only instance in Canada, of a trial and convic-
tion for high treason, and it, be it also observed,
not of a british subject. Itis creditable to the
canadian character that, with the single excep-
tion mentioned, none were concerned with
McLane, the very absurdity of whose whoie
scheme denoted him a mono maniac, and
who, had not the government deemed an
example necessary, in the agitation of the times,
might with more propriety have been treated
as an unhappy lunatic than as a criminal. A
stranger, friendless and unknown, he was
altogether powerless, and now that time has
dispelled the mist of prejudice against him at
the moment, and that we can coolly survey the
whole matter from first to last, there seems
more of cruelty than of justice in the example

| made of this unfortunate person, who suffered
| rather for the instruction of the people, uneasy
| under the road act, than for any guilt in a plan
_ perfectly impracticable and preposterous.

Q 2

ap.

Chap,

186

The revenues for the last year, (1796)
ee res. to the public accounts, were as

1797. T7907 follows

ary,
including £1040 to Upper Canada, for its
portion of the duties levied under those
To this are to be added the expenses of the
Legislature, amounting to £1845—exceeding.
by £392 10s., the funds appropriated by the
above act (33. Geo. III.) to. their dischars:
The commission to the collector and com
troller on the amount of duties collected in
years 1795 and 1796, was £498, currency.

F Aa and territorial, Cry. £1249

9,—Duties and licenses, under 14
Geo. IIL.,- my = x 7524
3.—Duties on wine, under 33

Geo. H., - -— - 1452.

4,-- Duties and licences, under 35
Geo. IIL, - - - 8565
‘.—Fines, = - ° - - 182
£18975

——
=
{.

The payments for the civil expenses of ‘|

province for the same year, ending 5th Janu.
1797, amounted to ‘£25, 380, currenc

Ve

the

anses of ti.
S 5th Janu-
), currency,
5 for its OTO-
those Acts,
enses of thi
exceeding,
ated by the
discharge
and coiip-
ected in the
urrency.

|

CHAPTER VII.

Meeting of parliament—speech —address in answer—bills
passed —none of any importance—prorogation-—no events
of any interest during the recess—parliament meets —
topics of the speech—address— message from the gover-
nor relating to the erection of court houses—bill for mak-
ing provision on the subject—prorogation of the legisla-
ture—state of the province—retrospective view of its
progress since the conquest—executive council—judges
and certain other public functionaries,and their salaries—
civil expenditure~-finances—general Prescott succeeded
by lieutenant governor Robert Shore Milnes, esquire.

Tue legislature opened on the 28th Feb- chap.
ruary. The governor, after descanting upon V!!.
the ineffectual attempts that recently had been 754,

made by his Majesty, to procure a peace with
the government of France, observed that—

‘¢ The accession of territory subdued by the british arms,
and the superiority of the british navy, successively expe-
rienced by our enemies when they have sailed forth upon
the ocean, and recently confirmed by the splendid and
effectual victory gained by his Majésty’s fleet under the
command of admiral Lord Duncan, might have justified
pretensions of 4 much more tenacious nature than those
contained in the proposals made with such unexampled
candour and liberality on behalf of his Majesty—but the
king’s public declaration, solemnly renewed before the
whole world, of his readiness, amid the exultations of vic-
tory, to conclude a peace upon the same equitable terms
he had previously offered, leaves his enemies without a pre-

4 text.—It affords a most convincing proof of the stability of

his Majesty’s councils, and of his paternal solicitude for the

i welfare of the people, that the constancy of his measures is

m 7 —— — — - gS
~ a RTE RE ELIE I OORT BEIT Se atin - ppnananoaan ail — cers
= ee Oe == = Sos ce . - - aes

Chap.

SS
Le

ee

—

ot
«

SSE

188

not regulated by the success of the moment, and that he is

VII. willing to relinquish the triumph of victory, that his sub-
weve jects may enjoy the blessings of tranquillity,
1798,

‘¢ T shall order the accounts of the provincial revenue of
the crown and of the expenditure of the last year to be |aid
before you.—I1 shall also cause to be communicated to you,
an actof the provincial legislature of Upper. Canada, by
which it appears that some further arrangements may be

“necessary for settling the duties and drawbacks on articles _

passing between the two provinces ;—in framing the neces.
sary regulations, I doubt not but you will bear in mind, that
the interest of the sister provinces are so intimately blended,
that the most liberal intercourse will be most conducive (o
their mutual advantage.

Gentlemen of the legislative council, and gentlemen o|
ihe house of assembly,-—The unremitting spirit of animosity
against the king, his subjects and government, that is openly
avowed by the present ruling powers in France, calls upon
you, in the most forcible manner, not to relax your vigilance
against their insidious attempts to disturb the tranquillity of
this province. The beneficial exercise of the powers vest.
ed, for a period now about to expire, in the executive
government, having already been experienced, it will natu-
rally lead you to consider whether it is not still necessary
that the remedy should continue to be prompt while the
danger is imminent.—In the discussion of this subject, |
have the firmest reliance that your measures will evince
how much you value the benefits of a mild and orderly
government, and confidently trust that you will exemplify
its advantages, by persevering in that harmony which has
hitherto influenced your deliberations.”

The assembly answered by an address quite
in spirit of the above :—* We shall not,” —they
said—-“ lose sight of the advantages that mus
necessarily result from the continuance of th
good understanding which has hitherto been
cultivated between the two provinces ol
Canada, so intimately connected by ‘heir local

and that he is
that his sub-

‘ial revenue of
year to be laid
licated to you,
xr Canada, by
ments may be

ks ON articles —

1ing the neces.
r in mind, that
nately blended,
t conducive to

id gentlemen o
it of animosity
that is openly
ce, calls upon
- your vigilance
e tranquillity of
1€ powers vest:
the executive
d, it will natu-
still necessary

pt while the
this subject, |
es will evince
ld and orderly
will exemplily
ony which has

ddress quite
not,”—they
es that mus!
ance of the
herto been

rovinces 0!

y ‘heir local

189

circumstances and situation. ‘ Our duty,”’—cha

they continued—* to his Majesty’s government,

7 4 el ee
3s well as to our constituency, whose prospe- 79.

rity and happiness depend on the firm and
decided support thereof, indispensably calls
for our united efforts to repel the insidious
attempts of the emissaries or agents employed
to disturb our tranquillity, by those who rule in
France ; and, for that purpose, we will cheer-
fully join m such measures as are necessary to
enable the executive government to be prompt
in the remedy, while the danger is imminent.

“ We cannot be otherwise than unanimous
when the support of the mild and orderly
government under which we happily live is the
subject of our deliberations; and we trifst we
shall ever continue to conciliate harmony
amongst ourselves, so necessary to promote the
general welfare of the province.”

Nothing worthy of special notice took place
this session. But five bills were passed, three
of them ‘continuing temporary acts about to
expire, and ihe act “ for the better preserva-
tion of his Majesty’s government.”’—One allow-
ing Upper Canada, pursuant to agreement, its
proportion of duties imposed and levied under
acts of this province, another repealing the act
appointing commissioners to treat with those of
Upper Canada, and to appoint others.

The legislature was prorogued on the 11th
May. The governor general, in addressing the
assembly, remarked that “ the temper and libe-
rality they had shewn, in renewing the act to

0 te et ee Se re es

a ee ae ee

iw - . - = - - 2 B
1 a Pe NT > - : ———
— ee Sea .
SS = eS = = =

ar

1798.

190

appoint commissioners for the purpose of treai-
ing with the commissioners of Upper Canada
were such as became a _ deliberative assembly,
and must tend to confirm that harmony aid
good understanding which subsisted between
the sister provinces.

* From the dutiful and loyal demeanor ma-
nifested by his Majesty’s subjects of all des-
criptions in this province, there will be lit!
occasion, I am persuaded, for resorting to the
extraordinary powers vested for a time in the
executive government for its preservation ; snd
should any alien emissaries persist in their
attempts to disturb our tranquillity, I trust they
will find that your vigilance and zeal for th

constitution are in no ‘respect abated.”

Nothing of any moment seems to have occur-
red in the interval between the prorogation and
the next meeting of parliament. which took
place on the 28th March, 1799. His excellency
informed the legislature that--“ Although he
could not as yet congratulate the country on
the return of peace between his Majesty and
the persons exercising the powers of the govern-
ment in France, he ‘felt a sincere satisfaction
in congratutating them on the security and pro-
tection with which these remote parts of the
king’s dominions were blessed amidst the storms
that agitated other countries, and on the recent
glorious victories obtained by his Majesty’s
naval forces over the fleets of our enemies, by
which (although their secret endeavours to sow

dissentions among his Majesty’s subjects might

_— = hCUwtelClUOr™ CU tire

ose of treat-
per Canada,
e assembly,
armony and
ed between

meanor ma-
of all des-
ill be little
orting to the
time in the
rvation 3 and
sist in their
, [ trust they
zeal for the
ed.”

have occur:
rogation and
which took
s excellency
Although he
country 91
ajesty and
the govern-
satisfaction
ity and pro-
parts of the
st the storms
n the recent
s Majesty’s
pnemies, by
ours to sow
bjects might

19]

not be abated,) their power to disturb our chap.
repose by open hostility was greatly abridged.” ¥¥
That while he congratulated them on the yy99.
friendly disposition and mtercourse which sub-
sisted betweea the province and our neigh-
pours, the United States of America, in conse-
quence of the treaty of amity, commerce, and
navigation recently entered into between his
Majesty and that country, and on the important
successes with which the Almighty had _bless-
ed his Majesty’s arms, whereby the hostile
power of our inveterate foe was greatly reduc-
ed; it, nevertheless, was incumbent upon them
to bear in mind the character of the country
with whom, for the safety of his people, our
gracious sovereign was contending, and the
secret machinations carried on in every coun-

try to which our foes had access, for the pur-

pose of misleading the credulous from their

duty, and subverting the governments by which
they were protected. These considerations
rendered it, he said, necessary that care and
vigilance for the security of the internal tran-
quillity should not be relaxed.
» The provisions heretofore made for this pur- —-
pose, by “ the act for the better preservation
‘of his Majesty’s government, as by law happily
established in this province,” being temporary
and about to expire, he recommended to their
consideration the expedience of a further pro-
Jongation thereof, assuring them that the utmost
icare shoula be taken on his part, to prevent the
powers vested in the executive government,

=

S-

seebihg ret
<=:

dma ailap on shila tall
Se ae

anaes —
sehen, RA EAA

iheeisseanea a cevarn mare, MO EN SH A AP COAT OEE NES ON

a ie et tree

Chap. from being applied to any other purpose, , \)
vu. any other degree than should be necessary {i;
izyy, the preservation of good order, and the projec

192

tion and security of his Majesty’s faithful jo.
ple over whom he had the honor to preside.

The assembly, thanking his excellency (i,
his speech, heartily, they said, joined his exce}.
lency in congratulation upon the glorious and
important victories recently obtained by hi
Majesty’s naval forces. The salutary effoct
which they had experienced from the act mep.
tioned, together with the wise and pru
manner in which it had been executed wnde;
his excellency’s benevolent administratioy,
removed every doubt that could be suggested
against the necessity and propriety of continu.
ing so beneficial a law. His excellency, (he
added, might rely upon the continuation of
harmony in the discharge of their duty in eyer
object tending to the support of the exceller
and happy government under which they lived.
The bill was accordingly continued for a yea
longer.

The session, as usual, went off smoothly,
being prorogued on the 3d June. It is scarce)
necessary to enter upon details of the meas
before the legislature, being of little, if an
interest ;—the following matter may, neyeiihe
less, deserve a passing notice. It is to be ol:
served that hitherto there were no suilable
buildings in Quebec or Montreal, erected «
set apart for the sittings of the courts of justice,
nor were the funds as yet sufficiently larye to

urpose,

necessary {0
d the protec:
faithful peo.
Oo preside.
xcellency {)
ned his exce}-
glorious and
ained by his
lutary effect
the act men.
and prudent
ecuted unde)
dministration,
be suggested
ty of continu
ellency, the
ontinuation of
duty in ever
the excellent
ch they lived.
ed for a yea

off smoothly
It is scarceli
the meas.

little,

nay, neverihe
It is to be ot
e no suitable
al, erected 0

rts of justice,
ently large to

193

justify the legislature im authorizing the erec- Chap.
tion of edifices proper for the purpose. This, °!
the british government liberally undertook to j799.

encourage, by a spontaneous offer to advance
the necessary means, by way of loan. The
governor, by message, consequently stated that
he had ** the pleasure to: inform the house of
assembly, that his Majesty had been graciously
pleased to view, with great satisfaction, the zea-
lous and liberal attention paid by the legisla-
ture of his province of Lower Canada, to the
provincial revenue since the commencement of
the present happy constitution. And that his

- Majesty has also been graciously pleased, in

his paternal regard for the welfare and happi-
ness of his faithful subjects im this province, to
sive his royal attention to the representations
that have been made relative to the erection of
proper buildings for holding the courts of
justice in the districts of Quebec and Mont-
real, and to authorize the governor to advance,

_ onthe part of his Majesty, the sums that shall

be requisite for that purpose ; to be replaced at
such time and in such manner as in the wisdom

_of the provincial parliament may be found

expedient.”
The assembly, by an address to his excel-

_ tency, returned him its sincere thanks, agsur-
_ ing him “ that his Majesty’s loyal subjects, the
_ representatives of the people of Lower Canada,
| feel with the most lively pleasure the satisfac-
_ tion his Majesty has been graciously pleased
_ to signify of their endeavours to improve the

R

<i oil
-

es a
Te i pe

—
~ aor

en =:

cA, “Mc AS lc EES APP AN ARI ee
_

ee ee

+ EE ee ee

——

ET ae ae eT EY atin g
a :

Chap. provincial revenue, and that the age

‘799. welfare and happiness of his subjecis in this

194

_ proof of his Majesty’s paternal regard for th

province, in authorizing his excellency to ad-
vance, on the part of his Majesty, such sums
of money as may be requisite for erecting pro:
per buildings for holding the courts of justice,
in the disiniots of Quebec and Montrea 5 will
call forth the gratitude of this house to replace
these sums in such manner as may be mosi
expedient.”

A bill was accordingly passed “ for erecting
court-houses, with proper offices, in the severa
districts of Quebec and Montreal, and for de-
fraying the expenses thereof.” These were '
provided for by the imposition of certain taxes
on jegal writs and other law proceedings,
which proving productive, the amount advane-
ed irom the military chest, by the home govern-
ment was, in a few years, reimbursed.- Asa
further proof of the increase of business and
rapid improvement of the province, it may by
observed, that in less than twenty years afte!
the erection of those buildings, deemed at th:
time spacious. palaces, though now eclipsed by
others of more recent structure, they were
found inadequate to their intended purposes
from the want of roomy and sufficient apart.
ments for the public accommodation.

His excellency dismissed the legisla:
with the warmest terms of commendation
the zeal and unanimity with which they had
attended to the several objects commended tc

e additional
gard: for the
yjecis in this
lency to ad-
7, such sums
erecting pro
ts of justice,
ontreal, will
se to replace
nay be most

‘for erecting
in the severa!
|, and for d
These wer
certain taxes
proceedings,
fount advane
1ome govern:
ursed.- Asa
business and
e, it may bi
y years afte
eemed at the
v eclipsed bi
they were
ad purpos
iaient apart.
on.
> legistai
nendation
ich they had
bmmended tc

— t

195

their consideration, and the ¢
with which the business of the session had been
conducted.

« Gentiemen of the house of assembly,—I have observ-
ed,” he added,—"* with peculiar pleasure, the cheerful-
ness and cordiality with which you proceeded in reestab-
lishing the bill ** for repealing certain acis granting rates and
* duties to his Majesty, and for granting new and ‘additional
* duties in leu thereof, for appropriating the same towards
‘detraying the expenses of the administration of justice
‘and support of the civil government within this province,
“and for other purposes ‘therein mentioned 3” commonly
called “ the consolidation act ;’——and I must request vour
acceptance of my best thanks for your attention to the seve-
ral other objects that relate to the revenue and necessary
disbursements of the province; nor must I omit taking par-
ticular notice of the zeal you have shewn in making so early

a provision for replacing the sums which his Majesty, in his
paternal regard for the welfare and happiness of his faithful
subjects in ‘this province, has been graciously pleased to au-
thorise me to advance for defraying the expenses to be
incurred in erecting the intended new court houses in the
districts of Quebec and Montreal.

“ Gentlemen «! the legislative council, and gentlemen of
the house of assembly,—The relief given to the poorer
classes of his Majesty’s subjects in the cities of Quebec and
Montreal, by the amendments made to that part. of the road
act which relates to those cities and suburbs, will, it is
tiopems evince to the people at large, the readiness of the
legislature to pay due regard to their circumstances and con-
veniences, when represented with decency and with a desire
of yielding proper obedience to the laws.

‘The general tranquillity which at present happily pre-
vails throughout the province, affords good reason to hop e,
that there will be little occasion for having practical recourse
to those extraordinary powers that have been thought pro-
per to be vested temporarily in the executive government ;
andif, frdm the secret machinations of the enemy, any
instances should happen in which it may become neces-
sary to resort to those extraordinary powers, I doubt not but

general harmony chap.

Vil.

eee.

1799.

Ni i Aa IN RN A RCN RITE CIARA IORI TE EA TN en
= - aie tasaes BS nical

ewe

Lab Ge EGO SL Dy PONT RM LEN PLM Lt OIE DN AB EE GAR AE RTE

See eR es eae me

ieee aie

SANS

OS ree er
i Pe ga meats SD OA NR

1 igre hornet apn ET re RE et ts cece — enna

yp tae eae pct oman nema gee REI RRR ni

eee St

196

Chap, the vigilance of the magistrates, actuated by your influciice
Vil. and example, and supported by the zeal of his Majesty's
~~ faithful subjects in this province, will convince the offenders
| 1799. of their temerity and give an effectual check io thei

} designs.”
This was the last time that his excellenc)
general Prescott met the provincial parliament,
i" and which, as seen, he now parted with on th,
best of terms. So far the constitution had
TH worked to admiration, and promised success,—
ta The government and parliament were in pe;
at fect harmony,—commerce began to thrive, ani
i) the vast resources of trade to unfold them-
selves—the province evidently was prosper-
ing—and all classes of the people content:
and happy, ‘friendly and well-disposed x
all respects towards each other—there were
cae || no religious feuds or disputes of any kind
Ba th —national- -origin prejudices were scarce!)
1 felt. or known—never publicly appealed to,
and by an universal tacit consent avoided
and discountenanced—the habitual sae
the loyalty, the chivalrous feeling characteristic
i | of the gentlemen of the old. french scho:
iil were still in the ascendant, and nized
admirably, with the gentlemanly bearing,
a upright character, and general infornia
a al tion which, in all countries, distinguish the
Hl british merchant, and for which those in
i Canada of that, not less than of this day.
| were eminent.—The earth yielded, in abund-
il ance, fruits food for man and beast, and
with but little labor, —taxes, none, exce}!
upon litigation, as just obseived, and upon

your influence
his Majesty's
e the offenders
neck io their

excellency
parliament,
with on th:
itution had
success, —
yere In per-
thrive, and
fold them-
aS. prosper:
e contented
isposed in
-there were
any kind
e scarce)
pealed to,
nt avoided
politencss,
aracteristic
ch. school,
harmonized
y_ bearing,
al infornia-
inguish the
* those jin
f this day.

in abund-
beast, and
e, . except
, and upon

197

luxuries, which were not felt by the cul- chap.
tivator,—and truly may it be said, that the last VI.
sun of the eighteenth century, that set upon j5,,°

Canada, left its people the happiest upon this
earth of all the sons of men it that day had
shone upon.

We may here, also, at the close of the cen-
tury, take a retrospect, for a moment, of the
important changes which Canada and the neigh-
bouring british colonies in North America,
during that period, had undergcue. The old
english provinces, arrived at maturity, had
passed from the colonial state, to independence,
and taken, the first on this continent, rank
among the nations of the world; the adjoining
old french possessions having, as‘a prelude to
the drama, previously become british provinces,
in itself an improvement to their former con-
dition, without taking to account the various
prospective advantages awaiting them in that
quality. A favored colony of France, from the
outset, ruled by an arbitrary but paternal
government, and colonized by a brave and
warlike people hostile to, and dreaded by
their british neighbours, who had often smarted
under their incursions ; sometimes, indeed, sul-
lied by acts of crueity— we find it, somewhat this
side of the middle term, passing by conquest,
alter hard fought battles, from the dominion of
its old to that of its new sovereign, in an
orderly spirit, and with an attachment to its
institutions, its ancient laws, its usages, and
its customs, unexcelled in the history of any

: R 2

o

iA OCC, AAPOR A LTS TT Tt TF _
og ced See ee

Sma Sh ace SEI aa =~ [SNA LANAI, CHOIR SIGE een

198

Chap. people ; and before the end of it, enjoying a

VII. constitutional government such as no _ british

orn 9 colony before it ever possessed; and though
of foreign origin and a conquered people,
favored ‘by the king and parliament of the
United Kingdom, beyond all others of their
own lineage. It had not only thus become the
favored of "England, but the peculiarly so of pro-
vidence, as of England.—Severed from France,
it happily escaped the horrors of the french
revolution, and its consequences, which Canada
knew only by report ;—for, while that coun-
try was subverting its ancient monarchy—

. trampling in the dust its crown, and disembov-
elling itself{—the canadians, its offspring, were
prospering under the british government, quic!
within and at peace with all the world, with-
out contributing to the expenses incidental and
necessary to the Immunities and protection
they were enjoying. But while England was
thus extending her american territories to the
north, and not yet wel! assured of them, she
also was preparing the causes for an unhappy
quarrel with her ancient north american colo-
nies, and a costly and inglorious war, resulting
in their independence, and vastly overba-
lancing the advantages and glory of her
recent acquisition. The conquest of Canada
added some rays to the lustre of the british
arms, but the loss to England of her thir: een
spiendid colonies, and the creation of a rival
though kindred empire, if that eee, 3
some pretend it did, at all contributed towa:

enjoying a
sno british
and though
red people,
vent of the

rs of their

become the
ly so of pro-
rom France,
| the french
lich Canada
that coun-
monarchy—
| disembo “
pring, were
Ament, quic!
yorid, with-
sidental and

protection
mngland was
ories to the

them, she
AN unhappy
prican colo-
ar, resulting

the british
er thiricen
of a rival
isition,
ed towards

199

the separation, quite overshadows the splen- Chap.
dour of the achievement ;—-yet, there is some — |
satisfaction in the reflection that, of the con- 1799.
tinent we inhabit, between the Atlantic and

‘he Pacific, from the Labrador and Straits of
Belleisle, to Puget’s Sound and Vancouver,
enough remains to Britain and her adventurous
sons, for the formation of a still more powerful
empire than that which has already passed
from her hands.

Descending to humbler matters, and more
within our scope, it may not be amiss, before
closing the chapter and taking leave of the
eichteenth century, to pass also in review, th:

« dramatis persone,” of our provincial political
and judicial theatre, and see who were the men
of that epoch, that wielded the-—* little brief
authority” of their day, and their value. It may
prove instructive to the general reader, as well
as to those who now have their hour, and
exercise the powers that be, and who, looking
back at their predecessors on the stage
of fifty years ago, may see them, as, probably,
they will, some fifty years hence, be them-
selves seen, and perhaps compared with them,
by their successors on the same boards they
now tread, if, by any chance, some idle
chronicler hke the present, shall think it
worth his while, to rake their deeds and recal
their names, from the oblivion, to which, in

all probability they shall, before that, have

‘been consigned.

The salary of the governor in chief was then

aS —sapacucemen
RE RTE eT TN

tA NIE A AS OE
. 5 - page f
ead i nnn tes

pe Seon”

inguin SR Se a it gn ER a RT a

cS eSNG ae RCL aN INE RCIA Rs ri

200

Chap. but £2,000 ; increased, this year,* in favor o)
vil. Sir Robert. Shore Milnes, the lieutenant gover.
Tro. nor, to £2,500,—** being £1,000 per annum

in addition to the present salary of £1,500
annum, during such time as he shall exercis:
the administration of the government of Lowe)
Canada, in the absence of the governor.” ‘!'\c
executive council consisted of

Chief Justice William Osgoode,*

The Right Revd. Jacob Mountain,

Lord Bishop of Quebec,

P. R. de St. Ours,*

Hugh Finlay,*

Frangois Baby,*

Thomas Dunn,*

Joseph de Longueuil,*

Pierre Panet,*

Adam Lymburner, -

James McGill,* .

Chief Justice James Monk,*

P A. De Bonne,

John Lees,

A. J. Duchesnay,

John Young,

Herman Witsius Ryland, clerk.

Each of these* gentlemen received £1(0
sterling, a year, as executive councillor, and
the clerk, Mr. Ryland, £400, besides £200 as
secretary to the governor, and fees to a consi-
derable amount annually.

The Court of king’s bench at Quebec,
sisted of the chief justice of the province e,

* Pursuant to a despatch from the minister.

201

W‘lliam Osgoode, Thomas Dunn, Jenkin Wil-« p.
liams. and P. A. de Bonne ; that of Montreal, **
of chief justice James Monk, James Walker, 1799.
P. L. Panet, and Isaac Ogden.—There was h

* in favor o;
enant £Over.
per annum
f £1,500 HA)

Sees

hall exercise
nt of Lowe;
ernor.” The

de,*
jtain,

a
7 .

KK,

rived L100
neillor, and
des £200 as
S to a consi

uebec, con
@ province,

besides a judge at Three Rivers, P. A. Des-
chenaux, styled provincial judge, and judge of
king’s bench for that district—a provincial
judge, Felix O’Hara, for Gaspé, and a judge,
James Kerr, for the court of vice admiralty.
The salaries were as follows :—to the chief

justice of the province, £1200, sterling ; chief

justice at Montreal £900-——each of the other

judges £500—the judge at Three Rivers £300

—judge at Gaspé 200, and the judge of vice
admiralty £200.—There was a secretary and
registrar of the province, Sir George Pownall,
at £400—an attorney general, Jonathan Sewell,
at £300, besides fees—a solicitor general, Louis
Charles Foucher, £200 and fees—a receiver
veneral, Henry Caldwell, at £400—an inspec-
tor general of public provincial accounts,
Thomas Aston Coffin, at £365—a_ surveyor
general of lands, Samuel Holland, at £300—
a surveyor general of woods, John Coffin, at
200, (a sinecure)—a french translator, X.
de Lanaudiére, £200—a grand voyer of the
province, Charles de Lanaudiére, at £500—
(a sinecure.)

Of all these, nothing now remains above
ground but the names! and even most of
these, but for the public accounts in which

_ their memories are embalmed, had probably ere

this have been forgotten, though several of them

4

AE ERR Stn eee

Sen see pcm aft, Sms ane gm than

SE PS SPE I HE IEG INS IVT NS A IR NP i TR he Nk EAR REIN Cie RE Ser MM AMER ROR

—

Se a rrr ee ee Be te
apr ey - - me

Se ee AA CRAM 6 RE i BE INE a ea Ci

C.
var

202

were certainly men of talents and excelled in
their stations.

The civil expenditure of the province for (|
year 1799, arnounted to £24,597, sterlin
besides the expenses of the legislature, amount.
ing ta £1499 4s.’5d.,currency. The revenue
to £25,427 3s. 31d., currency, from the fol-
lowing sources :—

Casual and territorial revenue, - . -
Duties under statute of 14 Geo. III., £8586 13 34

Licenses under do. do. 1108 O 0

os

£ 435 2

9694 13
Duties under provincial act of 33
Geo. HI., - - - - - - -
Duties under provincial act of 35
Geo. IIL., : . - -
Licences under do, do.

1425 19 6

11649 15 8
1218 0 0

12867 1) §
Pilotage Duties under ditto,
37 Geo. ILII., - - - - - - ; 354 16 6

Duties under statute of 25 Geo. II.,
and 4 and 6 Geo. II. ,* - - . 16 7 &
Fines and forfeigures, . - ~ : : - 145 | 9g
Duties under provincial act of 3
Geo. HI., - - - - - - - 487 6 3

Currency, £25427 3 34

The reader will observe that some of tt
sums are in sterling, others in currency, but
being so stated in the public accounts, they are
taken as found in them.

General Robert Prescott was relieved of the
government by Robert Shore Milnes, aquire,
as lieutenant governor, (shortly afterwards
created a baronet,) on the 31st July, 1799.
He had experienced some misunderstandings
with his executive council, relative to the dis-
posal of the crown lands, in which it has been

eR wermetene es

* These are imperial acts.

those

203

generally believed that those gentlemen were Chap.

excelled in not altogether personally disinterested, and VII.

which it is said occasioned his recall. He WAS \00,
yince for the [® wniversally deemed an upright and honorable
17, sterling man, much respected by all classes and popu-
ure, amount- lar as a governor. |
he revenue Mr. Prescott left the province with the P|
from the fol- universal esteem and regret of the inhabitants; i)
receiving from all quarters, previous to his Ae
£ 435 2 embarcation, the most gratifying proofs of their
high estimation of his conduct in the adminis-
9694 13 3 tration of affairs. ie

1425 19 6&

12867 1) §
354 16 6

. 16 7 8}
- 145 { 9

487 6 3

y, £25427 33)
me of those
errency, but
nts, they are
ieved of the
1eS8, Esquire,

afterwards
July, 1799,

erstandings
p to the dis-
it has been

CHAPTER VIII.

Parliament called—speech and address—voluntary ¢

butions in support of the war—culture of hemp cong.
dered— Jesuits’ estates—communication concerning tier
to the assembly—address to the governor relating
them—answer—proposal for ulterior proceedings, |
postponed —C, 2. Bouc, esqr., expelled the assem|, \-
alleged causes of the expulsion—prorogation—reye)
and expenditure of 1800—general election—new
ment meets— Mr. Panet rechosen speaker—procee |);
in parliament—liberal acts of the petbdaoed ora ipa
tion—Jieutenant governor made baronet of the |
Kingdom—finances and expenditure of 1801.

Mr. Mines, the lieutenant governor, did! noi
"meet his parliament until the 5th Ma:
i300. Lhere was nothing, in his speech, of particu 7
interest. He observed, that those who a
in France, notwithstanding the repeated checks
which they had received, in every part of the
british dominions they had assailed, their spirii
of hostility had not abated, nor had tieir
destructive principles, still more to be appre:
hended by all civilized governments, been dis-
avowed. ‘That it became, therefore, those
vested with executive authority, to exert thei
attention wherever there was a possibility that
the emissaries of discord might establisi
intercourse ; and that under these impressions,
he would propose to their consideration the
expediency of continuing those temporary laws,

oluntary

of hemp
soncerming
rnor relat
roceedings,
the assem!
gation-—rev) nie
on—new pi
cer—procecs|
nment— proroga-
st of the United
ISO1.

ernor, did not
5th March.
of partic ular
fe who ruled
eated checks
'y part of the
rd, their spirit
r had _ tiieir
to be appre:
ts, been dis-
refore, those
to exert their
ossibility thet
establisi an

; impressions,
ideration the
porary iaws,

® chereau, £10—Louis Duniére, £23 6s. 8d.-—
| 6s, 8d.—Lymburner and Crawford, £50—Rev. Pére Cazeau, £25—
me Jonathan Sewell, 25—A. McNider, £25—Felix O’Hara, esqr., £27
m ics. 6d.—The Ist battalion royal canadian volunteers, commanded
fee by heut.-col. Longueuil, £500, sterling, &c. &c.

205

which, seconded by the zeal and attachment of Chay.
his Majesty’s faithful subjects in this province, *'!
had been found to produce such salutary (goo.
effects.

«It was with no small pleasure”—he said
—-“ he had observed that demonstration of
regard and zeal for his Majesty’s government,
and the interests of civilised society, which
was lately manifested by the voluntary and libe-
ral contributions within this province,* which
could not but be favorably accepted, and the
motives which produced such a tribute of loy-
alty duly appreciated by our most gracious
sovereign.” He congratulated them also, on
the very friendly intercourse happily subsist-
ing between his Majesty’s subjects and the
citizens of the neighbouring United States,
observing, that the communications he had
received, contained the strongest expressions
of desire that such good understanding might
long endure.

The assembly, as usual, loyally’ answered
the speech from the throne:—“ The spirit of

* In this province, as in New Brunswick and Nova Scotia, sponta-
neous contributions had been liberally made during 1799, by indivi-
duals in aid of the home government, .for carrying on the war.—
Among the foremost in this patriotic move, we find the lord bishop

_ (Mountain) of Quebec, £300—chief justice Osgoode, £300-—Sir Geo.

Pownall, £116 13s. 4d.—Henry Caldwell, £800—G. Herriot, esqr.,
post-master, £50-—Quebec Seminary, £50—J. A. Panet, £30—W.

| Grant, £22—Thomas Dunn, £66—Le coadjuteur de Quebec,(Plessis),
A £25—Robert Lester, £30 per annum during the war—Munro and Bei!

£100—Jenkin Williams, £55—Francgois Ba oy £40—G. Elz. Tas-
. de Lanaudiére, £23

)

Cha
Vill.
a ed

1800.

206

» hostility and the destructive principles of

common enemy of all civilized governments
still continuing, without disavowal, the sam
measures of precaution which have hithert
been found so effectually salutary, appear to \
equally necessary. We shall, therefore, fort
with take into consideration the renewal of
those temporary Jaws which have contribu(
to frustrate the machinations of the emissaries
of discord.” * * * * * & The general medi
ocrity of the fortunes’—they continued—*

his Majesty’s subjects in this province beiy
well known, we flatter ourselves our voluntary
contributions, though small, will be favoral))
received.”

The house, having proceeded to business,
went, soon after the opening, Into committee, to
take into consideration the advantages. the
might arise to the province and the british em:
pire, from the culture of hemp within it, and
adopted the resolution—* that it would be
advantageous ‘Ur this province and the britis|
empire, to renew, extend and encourage th
culture of hemp in this province ” This, hov-
ever, was not followed up by any enactmen|
on the subject this session.

The consideration concerning the jesuits’
estates was resumed, and on a motion by Mr.
Planté, “* that the house do resolve itself into ;
committee to consider of the most prope
measures of obtaining information concerning
the rights and pretensions which this province

may have upon the college of Quebec, (the

iples of th
rovernments
F the sam
ave hither
appear to us
refore, forth-
renewal of
- contributed
e emissaries
eneral medi
tinued—* 0}
ovince bein
yur voluntary
be favorably

to business,
ommittee, to
antages: tha!
1e british em:
ithin it, and
it would be
d the british
ncourage th
é This, how:

y enactment

the jesuits’
otion by Mr.
e itself into «
most prope
on concernill?
this province
Quebec, (the

jesuits’ college ) and the estates thereunto aN Chap.

lency by and with the advice of his Majesty’s 1)
executive council, had given orders to take i
possession of the estates of the order of the i hit
jesuits in the name of, and as the property, of aa

207

nexed,’ Mr. Young, one of the executive Ub
council, rose in his place and said that he was jo,
authorised’ by his excellency the lieutenant fs
rovernor to inform the house, that his excel.

|

/
his Majesty.* The house, nevertheless, went
. . . . i
into committee, and reported as follows :— i

« That itis the opinion of this committee, that an humble |
address be presented to his excellency the lieutenant gover- |
nor of this province, setting forth, that the house is anxious i
to investigate the pretensions or claims which this province
may have on the college of Quebec, on the estates there- |
unto annexed, andthe nature of the same: That as there are
a great number of cocuments and official reports relative to i

'
{
'
'

,

Py

the said rights and pretensions blended with other papers, ih

that concern the estates heretofore possessed and claimed Bo

by the religious order known by the name of jesuits in this Cg
i}

province, fyled in the late legislative council office of the pro-
vince of Quebec ; particularly a report made on or about
the 30th June, 1789, to his excellency lord Dorchester, the i
governor general, in conformity to a commission issued the He
29th December, 1787, for the purpose of examining and ‘
enquiring into the nature of the estates of the said religivus t

* This oceurred on the 12th of March, 1800—on the 16th of the '
same, Father Casot (sometimes written Cazeau) died. The follow- : ; |
ing obituary notice of this deseiving old jesuit, appears in the 4
Quebec Gazetle of 20th March, 1800:— On Sunday last, the 15th | |
instant, died the reverend father Jean-Joseph Casot, priest, of the a,

company of Jesus, procureur of the missions and colleges of tie jesuits
in Canada, the last of the jesuits of this province. The immense

r
charities which he bestowed assure him for a long time, the blessing ie
of the poor. He was one of those men whose life is a hidden treasure, it
and his death is a public calamity,’’ ane

The worthy father is still spoken of with esteem by those who
knew him personally, though few of them survive.

208

Chap, order, and all papers that might have been at any time fy!o\|
Vill. relative to the same ; the house desires to have communica-
HH ~~ tion, if necessary, of all or part of the said titles, documents,
Hi 1800. reports and papers, inasmuch as by an order of his exce'-
lency lord Dorchester, the governor, in council of the 2/1),
August, 1790, the clerk of the said council was then direct-
ed to allow access to the said papers and grant copies or
extracts thereof to all persons conceiving themselves into-
rested therein:-—That his excellency may therefore }y
pleased to order, that the officers now having charge of the
said titles, documents and reports of the said commissio)
and other papers above mentioned, do forthwith commun)
cate and officially deliver, or allow copies to be taken, or, |
thereunto required, extracts only, of all the said titles, reports
of the commission, and papers, to or by such committees as
may be authorised by the house to that effect.”

Hill _ This resolution being concurred in by the
HH) house, (by a vote‘of 16 to 8,)—an addre
i accordingly was sent up to the lieutenant
governor, who answered the messengers :—

*¢ Gentlemen,——I think it necessary to inform you on tly
subject matter of the present address, that the whole pro.
ceedings of the commission issued on the 29th December,
1787, including every claim and pretension respecting the
estates of the late order of jesuits in this province, togethe:
Hae -with the humble address of the house of assembly, voted on
A ithe Lith of April, 1793, have been respectively submiticd
TALE to the king:--That his Majesty having been graciously

AE pleased to refer the whole proceedings to his privy council,

the result of their consultations, with his Majesty’s order
thereon, was transmitted to this government in the month

of April last ; and, in consequence of such order, commis:

, sions have issued to take the whole of the property inio ‘he
hands of the crown.

We “ After reflecting on these circumstances, should the
UG house of assembly continue to deem it advisable to persis!
Hs in their proposed investigation, I shall comply with their
yi request, to allow them access to those papers which have
ie already been made public, and shall in that case give orders

saree aera eran somes

any time fylo,
re commMuNica-
es, documents,
r of his exce'-
cil of the 251!
as then direct-
rant copies or
emselves inte-
> therefore hy
y charge of the
d commissio)
ith commu
be taken, or, |!
id titles, reports

committees a:
9?

d in by the

-an addre
lieutenant

ngers :—

orm you on the
the whole pro-
9th December,
respecting tlie
ince, togetie:
mbly, voted on
vely submitied
een graciously
privy council,
ajesty’s order
in the month
brder, Gommis-
operty into the

»s, should the
sable to persis
ply with the
rs which have
ase give orders

4

209

that all persons duly authorised by the house of assembly, Chap.
be at liberty to take copies of all titles, documents, reports, VILL.
papers, and all proceedings under the commission mentioned, wy~~
which were returned into the council office, on or before the 1800.

25th of August, 1790.

« But, after the information I have now given, the house
of assembly will certainly deem it incumbent on them to
consider whether it is consistent with that respect which
they have hitherto uniformly manifested towards their sove-
reign, to reiterate any application on the subject.”

It was nevertheless resolved, a few days
after this, that the house would go into com-
mittee, to take into consideration his excel-
lency’s answer, which it accordingly did, but
came to the resolution “ that the house ought
to postpone, to a future time, the inquiry into
the rights and pretensions alluded to.” *

cn one errno.

* This resolution was adopted by way of amendment to a motion
proposed by Mr. Grant, for an address to his Majesty with reference
to those estates, in the following terms; and which is introduced here
as containing historic matter worth recording :-—

« That a special committee of five members be named by the house
to prepare an humble, loyal and respectful address to his Majesty,
humbly supplicating his Majesty, to take into his royal and paternal
consideration, the deplorable state of the education of youth in this
province since the conquest thereof by his Majesty’s arms, in the
years 1759 and 1760.

“ That at and before that eventful period, the society of jesuits
established in Canada, had zealously devoted themselves and their
fortunes, to the propagation of the christian religion, and the educa-
tion of canadian and indian youth—and had been peculiarly successful
in their endeavors ; forming men, who by their talents and enterprise,
have done honor to their country, as well in arts as in arms.

_ , “ That though his Majesty’s general the late gallant and sage lord

Amherst, by the capitulation which he was pleased to grant to the
canadians at Montreal, on the 8th of September, 1760, assured to the
jesulls as to others, their estates and properties, yet the downfall of
that order in Europe, immediately following the conquest, the reve-
rend fathers in Canada, were thrown into such consternation and
incertitude, that they relinquished the duties or rules of their institu-
tion as to the education of youth; and their houses of mission and
college of Quebec, soon became converted, perhaps necessarily, into
#tore-houses, gaols, courts of justice and barracks. And the revenues

g 2

EE a TER NB TER a Ds eS
~ piven ile aig Be eres
aan as
secs ant eer

' hy
; 4
rh
} I
be ia
1b be
2 oa
ae
ey:
Vise]

SS ONES

ee pen

ecetoesisiiee Were

em Ag gO Ay” YC Nm Pat na

sn. tae meat
“ -
a_i ahem

210

Charles Baptiste Bouc, esquire, a membe;
~ Tepresenting the county. of Effingham, was this
80. agaaion € xpelle ‘d the assembly, it appearing | to
the house by the record of a conviction which,
upon motion of the attorney general, had beey
laid before it, that he had been c once upon
aii indietment found against him the year. be
fore, at the criminal assises at Nhige ag
conspiracy, with sundry other persons, oie
and fraudulently to obtain of one Btien
Drouin,divers large sums of money. It ap peared
that Bouc having “purch 1ased a quantity of wheat

of their other estates and possessions diverted from’ the humane an!

pious purposes of the donors, the kings and subjects of France ; ha
been, since the conquest, absorbed by the reverend fathers in Cana,
for their nersonal support; or have been by them distribuied
and other benevolent charities.

| “ That by the late demise of the reverend father Casot, the last oj

the order in this provinee, the estates and possessions of the society o:
jesuits are now indubitably vested in his Majesty, and at his roy
eisposition and will,

That therefore, his dutiful and faithful canadian subjects
humbly beseech his Majesty to appropriate the said estates
already disposed of, to the purpose of education in this his pro. Ince of
Lower Canada, in such manner as to his Majesty in his royal wisdor
may seem meet ; or if already disposed of by his Majesty, that her may
be graciously please d to grant and assign some other estate, or portioy
of the waste lands of the crown, or other fund, with royal foundatio:
for the purposes of learning and science, as his royal m unifiv
may direct.

« That it is the humble opinion of the representatives of the cow:
mons-of Canada, in the present parliament assembled, that
enlightening of the minds of the youth of the province, by ibe
education, 1s the surest means of attaining the ends of that free and
generous constitution whieh his Majesty in parliament has so grav
ously been pleased to bestow upen his canadian people. That
more his subjects here, are enabled to perceive the benefits
from the inestimable boon conferred, the more they will admire :
attached to that wise and incomparable system of civil and politi
order and freedom which the nations of the world envy, in the » kh y-
doms and countries living under his Majesty’sdominion. ‘Phe hap)
combination of government, which, as avowed by a conspicuous
dern reformer, enables his Majesty, our gracious sovereign, to © reg!
‘over a free nation, with the sole view of making it happy ve

>» amembe;
am, was this
appearing
iction which,
al, had been
nvicted upon
the year b
‘ontreal, of

sons, unjust}
one Etienn
ant appear

ntity of wh

om the humane and
‘tsof France ; ha:

d fathers in Can
distribuied in al

er Casot, the last of
ions of the societ)
y, and at his royal

adian subjects, most

said estates, |
) this his provinee o1
in his royal wisdom
ajesty, that ai may

1er estate,

ith royal fou me
royal munis

ntatives of the con:
assembled,

province,

nds of tha t I free

lament has
1 people.

the benefits
y wall admire i
of civil and |

lenvy,
minion,

y a conspicc

overeign,
sit happy.’

91]

aed

from Drouin, afterwards accused him of hav- Chap

b

ing fraudulently “ m oistened and wetted’
it,

to increase its volume,and weight, and threat- {goo

ened to prosecute him for it criminally unless
he gave him an indemnity. Drouin being a timid
man and led by Bouc, and other 's in his interest,
to believe that they had him in their power,
and could convict him of this, which they eave
him to understand was a capital offence, gave
his note to Boue for 876; is a compouitien Ir
the pretended offence, or hush money, of
which he actually soon after paid him £58,
Bouec releasing him of the balance. Drouin
pretending that he had been wronged, and
being advised to seek redress, laid the matter
before the law officers of the crown, by whom
Bouc and his confederates were indicted for
this as a conspiracy, and convicted. Bouc was
sentenced to three months imprisonment and
to pay a fine of £20, and to enter into bonds
for good behaviour during three years, himself
in £500 and two sureties in £200 each. The
others were severally fined in six shillings and
eight pence, and sentenced to three weeks
imprisonment. ‘The record of those proceed-
ines being laid upun the table, it was ordered
that “the said Charles oe Bouc, be heard
by his counsel at the bar of this house, on
Wednesday next, (2d April) at three o’clock
in the afternoon,” on which day the assembly,
after hearing his counsel voted, his expulsion,
by a majority of thirteen, (yeas 21, nays 8.)
Mr. Bouc was reélected more than once, but

}

Vill.

cee he marr tay ei

Sa evn atteemrcte Pee
FOR ea Sn ee OSE en

Sth aaa

212

Chap. finally disqualified by act of parliament. It h
Vili. been insisted upon by persons of high respect t-
tso0. ability, some of whom taking an interest in | M
Bouc’s treatment, endeavoured to procure th
repeal of the act proscribing him, that he was
the person conspired against, and a persecuted
man, owing to his politics, which were anii-
exec:tive it would seem. It is certain from the
standing he maintained in the county of his resi-
dence, and his reélection, that he must have
enjoyed the general respect of his neighbours.
The licutenant governor prorogued the legis-
Jature on the 26th of May, but in the sterilit)
of his speech there is nothing to be found
deserving of notice. Eight bills received th
royal sanction, including one for contintin:
“ the act for the preservation of his Maje;
government.”

The public accounts make the revenues o|
the province for 1800 amount to £20,038).
currency, and the civil expenditure tat q

sterling, besides the salaries of the officers of q
the legislature,.£ 1496,exceeding, by upwards 0 :
£200, the fund appropriated for their def fraya!
The sum paid to Upper Canada as “ the ju i
proportion of the duties imposed by the le;
lature, on such articles as have been trans

AA ported from this province into Upper Canad:

We between Ist January and 3)Jst Decemb - |

Mi 1800,” was £903, sterling. That of the | ae

vious year was £1404. The salaries of the
judges were, from £500, increased on the Ist
of October of this year, to £750, per annum

ent. It has
gh respect.
erest in Mr,
rocure the
that he was
persecuted
were anit-
in from the
y of his resi-
must have
neighbours.
-d the legis-
he sterilit
o be found
eceived th
contintin:

is Majesty

‘evenues 0!
£20,081.
e £36,459.
e officers of
upwards 0.
bir défraya!
“the jus
y the legis
been trans
ber Canad
December,
of the p:
ries of th
on the Ist
per annum.

213

and the judge at Three Rivers, to £500 fromc
V

£300, sterling.*

The second provincial parliament ending with ; goo,

this session, the writs for a general election,
tested 7th June were issued, and the elections
immediately took place, being, as on the pre-
vious occasions they had been, warmly con-
tested. There being nothing extraordinary in
the occurrences of the present year, we shall
proceec to the opening of the Legislature.

This took place on the 8th January, 1801,
and Mr. Panet being again chosen speaker, the
business of the session was entered upon.f

* This was in virtue of a dispatch from the duke of Portland, dated
16th July, 1800. The salaries of the chief justices, of the province
(Osgoode), and of Montreal (Monk); the former at £1200, sterling,
the 'stter £900, remained stationary until 15th August, 1802, when
they . so were augmented, the first to £1500, and the second £1100.
Mr. Osgoode was allowed to retire on the Ist May, 1802, with an
aunuity of £800 for life, pursuant to a despatch from lord Hobart, to
that effect. Those officials were at that time and for several years
subsequently, exceedingly busy politicians, as well as judges, mixing
themselves up with the politics of the day, and elections, as if the
sacred functions of their judicial stations were but 2 secondary consi-
deration, Some of them had seats in the assembly, end some in the

_ executive, and legislative councils ; and, consequently, a ready access,
_ at all times, to the governor’s ear, They availed themselves, of
; course, of their position, often misleading the governor who incau-
| tiously followed their suggestions, making themselves in return his
_ tools, but invariably pursuing that first grand policy of most colonial

politicians, their own personal interests. The reader will see, as we

Me proceed, the trouble and annoyance to which the country was put, in

excluding the judges from politics, and restricting them to their judi-

cial duties exclusively.

| This the third assembly of Lower Canada, consisted of the fol-
lowing members :—

Kor the Lower Town of Quebee, Robert Lester and J. Young;

Dorchester, John Caldwell and Thos, Taschereau ; Borough of Wil-
F liam Henry, Jonathan Sewell ; Hampshire, Joseph Planté and Fran-
® cois Huot; Effingham, Chs. B. Bouc and André Nadon; Borough of
- Three Rivers, P. A. De Bonne and John Lees ; the Upper Town of
| Quebec, J. A. Panet and A. J. Raby ; Devon, Bernard Peltier, fils,
_ ond F. Bernier ; St. Maurice, T. Coffin and Mathew Bell; Richelieu,

214

. The speech recommended a reconsideration oj
“ the expediency of continuing that act of pre-
caution for the public safety which, from time
tu time, had been renewed, and hitherto found
beneficial,” meaning the act for the better pre-
servation of the government.

His excellcncy informed the legislature “ tha
his Majesty had been grac iously pressed t \
give directions for the establishment of a con
pevent number of free schools for the } instruc .
tion of children in the first rudiments of usefi]
jearning and in the english tongue, and also, as
occasion might require, for foundations of a
more enlarged and comprehensive nature, ani
that his Majesty had been further pleased
signify his royal intention that a suitable pro-
portfon of the lands of the crown should be sei

apart, and the revenues thereof appropriated
to such purposes.”

“ He had it further in command’—he said,
—‘ to express the just sense his Majesty enter-
tained of the loyalty and public spirit of the
inhabitants of Lower Canada, manifested }y

f.s, E. Hubert and B. Livernois; Kent, Ant. M. Lafontaine ant
. France. Vigé; Orleans, Jerome Martineau; Surry, P. de Roe theblave
and £ Levesque : Quebec, county—— Louis Paquet tand M. A. Berthe-
lot; Leinster, Joseph Beaumont and J. Archambault ; ituntingdon
J. F. Perrault and J. Bte. Raimond : ; Warwick, Jam« sCuthbert and
Ross Cuthbert; Bedford, John Steele ;. Montreal, County re. ph
Papineau and Thos. Walker; York, Joseph Bedard and L.

cher ; Cornwallis, Joseph Boucher and Alexander Menut;
Ward of Montreal, James M‘Gill and J, Périnault; East Va
Montreal; P. L. Panet and F. Badgley ; Buckinghamshire,
Craigie and Louis Gouin; Northumberland, J. M. Poulin and Pierre
‘Bedard ; Hertford, Michel Tellier and Louis Blais; Gaspé, William
Vondenvelden, Of these, fourteen denote a british, one a german
the others a french origin.

nsideration of
at act of pre-
h, from time
Litherto found
he better pre-

islature “ that
ly pleased |
ent of a com:
yr the instruc:
ents of usefy]
4, and also, as
indations of a
re nature, and
er pleased to
suitable pro-
should be sei
" appropriated

nd’—he said
fajesty enter

spirit of the
manifested by

. M. Lafontaine ant
ry, P. de Roche! lave
etand M. A. B erthe-
nbault ; Hunting

Jame Cuthb rt a
eal, County—Josep!
Jard and L. C. low
ander Menut; West

mault; East Ward of
ckinghamshire, Toh

M. Poulin and Pierre
lais; Gaspé, Willian
itish, one a german

215

their liberal contributions, and also of the zeal cya,

and attachment they had shewn, as well to his Vil.

royal person, and family, as to the principles
of our most excellent constitution.”

The assembly, in answer, assured him that
they would most cordially concur in continuing
that act of precaution for the public safety
which they had hitherto found so bene ficial.
They rejoiced in the promised establishment
of free schools. ‘“ If the fortunes”—they ob-
served—** of his Majesty’s subjects in Lower
Canada, were equal to their loyalty and attach-
ment to their most gracious sovereign, their
contributions for the support of the war, which
circumstances rendered so inconsiderable,
would have been more deserving of the royal
approbation.”

Some important acts were passed this ses-
sion, including two of revenue, one granting a
duty on the licensing of billiard tables, the
other imposing duties on tobacco and snuff.
These bills were reserved for the royal plea-
sure, which being sanctioned soon after, *
became law—one related to the decisory oath
(* serment decisoire,’) in commercial matters,
which, there being previously a doubt of its
admissibility in such cases, this bill admitted
when referred by either party to the other, in
a cause pending at law—the other related to
the establishment of free schools, as proposed
by the lieutenant governor, and the establish-

oe

a
180).

* 7th April, 1802, as notified by proclamation of the lieutenant

governor, dated at Quebec, 12th Augast, 1802.

ge ase a ian aaa nme e mnSS

oo eT re et

ne > eae Seema

Saha ERLE Tee ct EARN OE

Chap. Ment of a corporation under the style of “ ‘ie
VIL. royal institution for the advancement of leur.

we
T801

216

ing,”*—the third was “ for removing the ol
walls surrounding the city of Montreal,” the
demolition of which had three or four years
previously been petitioned for by the ihabi-
tants, and was now consented to as necessary
to * the salubrity, convenience, and embellish-
ment of the city.” This act was a fresh proof
to the country of the respect for private rights
entertained by the british governmeat. ‘lhe
ground upon which, for the common satety,
those walls had been built was, for the most
part, private property, and had been take

by the french government without allowing any
indemnity to the respective owners, it being
understood that if ever the walls were demo-
lished the ground should revert to the rightiul
proprietors, or their legal representatives. |

* This act has proved a failure, and though still unrepealed, on {he
statute book is virtually a dead letter. No appropriation of lands as
proposed, was ever set apart for the purpose of education, for what
reason is not apparent. The institution was kept alive for many years
by money grants from the assembly, from year to year, for paying
the teachers and others employed by it. The roman catholic hiearchy
and priesthood throughout the province, universally discounte: anced
it from the commencement, not, as it is believed, from averseriess to
the spread of instruction, but from objections to the gain position of
the board at its first establishment, being chiefly, if not altogether of
protestants, the protestant bishop of Quebec at the head, as! (here-
fore, in their estimation, sectarian. It has failed, as might have been
anticipated, from the want of co-operation and cordial support, not to
say opposition of so influential a body as the roman catholic clergy, in
Lower Canada, who like all other religious denominations insist, and
with reason, on having in their own hands exclusively, the edication
of their own flock. Lord Dalhousie made an effort to combine the
two interests, protestant and roman catholic, in this matter, but with
out success. How the recent school act of 1846, now creating a stir
in several of the rural parishes will work, remains to be seen.

tyle of “ the
ent of leurn-
ving the old
ontreal,”’ the
r four years
y the inhabi-
as necessary
1d embellish-
a fresh proof
private rights
ameat. ‘the
nmon satety,
for the most
| been taken
t allowing any
lers, it being
were deno-
o the rightful
entatives. It

unrepealed, on the
riation of lands as
education, for what
live for many years
to year, for paying
n catholic hiearchy
ly discountenanced
from averseness to
the composition of
if not altogether of
e head, aud there-
as might have been
rdial support, not to
catholic clergy, in
ninations insist, and
ely, the education
prt to combine the
s matter, but with:
now creating a str
to be seen.

217

was to assure justice in this respect, no less Chap

than for the demolition of the walls now become

a nuisance to the city of Montreal, that this act go

was passed, authorising their removal and the
appointment of commissioners for those pur-
poses, all which was accomplished so effect-
ually by 1817, that nothing remains of them
to-day, and the claims settled to the satis-
faction, it is believed, of all concerned.—
This very liberal and equitable act admitted
the right of recoy .y and repossession to all
those whose claims, on examination by the
court of king’s bench at Montreal, might
be found good. The following is the pre-
amble :—

‘ Whereas in pursuance of an arrét of his
most christian Majesty, bearing date at Ver-
sailles, the 13th day of May, 1724, for the

better, defence of the city of Montreal, in this

province, a stone wall and other fortifications

of stone were heretofore built and erected

around the said city, partly on land ceded to
his most christian Majesty by the ancient com-
pany of New France, and partly on land the
property of divers individuals. And whereas
your majesty, by message through your lieute-
nant governor was, on the 21st March, 1797,
graciously pleased to express your royal will
and pleasure that the legislature should delibe-
rate on the most expedient measures to be
adopted for the improvement and embellish-
ment of the city of Montreal, and for the more
expeditious and effectual method of deciding
T

} ‘
ae
Hiei) a
ti a ah 9

Page sey Se ne RII

veal aca eb SIt - vie
‘ — en
—prienrer sy ieee ras arn een s

Cases ao em

218

Chap. all questions that may arise on the subject of

vit the repossession of the ground now occupied

igoi. by the old fortifications thereof ;—and whereas
it is expedient to take down and remove thé
said walls and fortifications yet standing, but
in a ruinous condition, and otherwise to pro-
vide for the improvement of the said city of
Montreal, by new squares and streets, to be
laid out, opened and made upon the site of th:
said wall or fortifications, or lands adjacent.
And whereas it is just and reasonable that thx
land which the said wall and fortifications noy
occupy and which does not belong to his
Majesty, should be delivered up to the lawful
proprietors thereof, their heirs or assigns,
and whereas also, the objects herein before
recited require the aid and authority of the
provincial parliament :—Be it enacted,” &c.

The message received from his exceHenc\
the lieutenant governor, (R. Prescott,) on this
subject, was as follows :—

* His Majesty having been graciously pleased to signi!y
his acquiescence to the petition of his good subjects of ily
city of Montreal, praying to be permitted to repossess suc;
part of the ground occupied by the fortifications of that city
as shall not be deemed necessary for military or other public
purposes, the lieutenant governor feels great satisfaction in
being authorised to communicate the king’s pleasure to the
house of assembly on that subject.

“It having been suggested that the ground occupied }y
those fortifications was taken up on condition, that the seve.
ral lots should revert to the original proprietors, or their
heirs or representatives, when the same shall be found no
longer necessary for public uses; and as adverse clainis
may, possibly, arise respecting such property, by which the
relinquishment thereof, instead of being a public benet

a]
= erent itt oa
Se
eS -

= SSS

subject of
occupied
d whereas
move the
ding, but
x tO pro-
id city of
ets, to be
site of th
adjacent.
le that tie
ations no\
ng to his
the lawful
assigns,——
ain before
rity of the
od,” &c.
exceHency
tt,) on this

sed to signily
ibjects of il
repossess such
as of that city
r other public
satisfaction 'n
easure to the

occupied by
that the seve-
tors, or their
be found no
iverse clainis
by which the
ublic beneti

219

according to his Majesty’s gracious intentions, may, In giv- Chap,
ing occasion to strife and fitigation, become a source of VIII.
public detriment, the lieutenant governor recommends to the ~~
assembly to deliberate on the adoption of some expeditious 1501.

and eflectual method of finally deciding all questions that
may arise on this subject.

‘As the present appears to bea suitable occasion for
considering of such improvements as may conduce to the
salubrity, convenience and embellishment of the town, the
lieutenant governor further recommends to the house, the
consideration of providing additional powers, in case they
should be found necessary for carrying these desirable objects
into execution.

“ I'he commanding engineer will be directed to lay before
the house, a plan of the town and fortifications as soon as
the same can be prepared, and to give to them the requi-
site information relative to the reserves which it will be
necessary to make, on the part of the crown, for public uses.

(Signed) “RR. P.”

“ Castle of St. Lewis, Quebec, 21st March, 1797.”

Nor while the british was thus discharging
the obligations of the french government was it
unmindful of its own. An assignment of three

townships was, at this time laid off, for the

officers, non-commissioned officers and privates
who had served during the blockade of this
city, in the winter of 1775-6.*

* The following notice, founded on the order in council passed on
this head, appeared in the Quebec Gazette of the 19th March, 1801 :—

‘+ ADVERTISEMENT—Canapian Mitirra.— Whereas by a report
of the committee of the whole council, dated the 20th May last,
approved by his exeellency the lieutenant governor, the townships of
Windsor, Simpson, Wendover, and another to be taken on the south
side of the River Becancour, should it be necessary, to complete the
lots of the canadian militia, have been appropriated for the officers,
non-commissioned officers and privates of the canadian militia, who
served during the blockade of this city, in the winter of 1775-6, and
for the widows of those who were married prior to or during that
epoch ; and who by advertisement in the Quebec Gazette, of the 24th
May last, were requested to give in their names to le comte Dupré,

220

s

vi Among the miscellaneous matters of |
’ session was the reéxpulsion of Mr. Bouc, whe

igor had been again returned at the late gener

election. It appears by the journals of
assembly, that a member in his place inform m-
ed the house that he was present at the lat
election of knights of the shire, to serve in this
provincial parliament for the county of Effing
ham, and that he is well acquainted with the
person of Mr. Bouc, who is returned to serv
for the said county, and that he is the sam
identical Charles Baptiste Bouc, who was
expelled this house during the last session.”
From the above, to fix his identity, it would
seem, he had not yet appeared to take his seat.
it accordingly was therefore “ resolved, that a
it,appears by a record of the court of king’s
bench for the district of Montreal, that Charles
Baptiste Bouc, a member of this house, upon
an indictment in the aforesaid court exhibited

oe amen oe

esg., colonel of the canadian militia, who are to receive lands accor
ing to the following schedule :-—
For a field officer, - - - - 1000 acres.

a captain, : - - - - 700 do.

a lieutenant and ensign, - - - 500 do.

non-commissioned officers and privates, 400 do.

And to the widows according to the rank which their husbands

held.

And whereas there has, in consequence, issued a warrant of surve
all persons concerned are hereby required to deposit into the hand
captain Charles Pinguet, esquire, before the 1st gay of May nex
their share of the expenses of survey and other necessary dis! NITSE>
ments for obtaining the letters patent, at the rate of two pounds s
teen shillings and six-pence for every 400 acres, which they n Hef
entitled to receive according to the foregoing schedule

Quebec, 19th March, 1801. Le Cre. DUFRE’, Colone!

N. B.—The widows af such militiamen as have served during thy
blockade, are requested to send in their names and surnames to M:
James Voyer, the agent, residing in the lower town.

hea

.

ters of th
Bouc, wh
ate general
nals of 1!
lace infori-
at the lat
serve in this
V of kK fling
ted with the
ned to sers
is the sam

who Wi
st session.”
ty, it would
ake his seat.
lved, that a

rt of king’s
that Charles
ouse, upon
rt exhibited

eive lands accord.

000 acres.
700 do.
500 do.
400 do.

h their husbands

rarrant of survey ;

into the hands «
ry of May nex!

cessary cdusburse-

vo pounds sev
ich they may bh

e

IRE’, Colonel
erved during th:
kurnames to M:

22

of conspiracy, with sundry persons, unjustly

against him, had been convicted of the crite Chap

ere

and fraudulently to obtain of Etienne Drouin, 1801.

divers large sums of money ;—and whereas the
said Charles Baptiste Bouc, in consequence
thereol, was expelled during the last session,
that he be expelled this house.’

Mr. Bouc, notwithstanding this, was reélect-
ed by his constituency, but it was resolved that

‘having been in this session of parliament
expe sled it, he was and is inc: apable of being
elected a member to serve in the present par-
liament.” He, therefore, was again “ expelled
for the reasons (the above) set forth in the
resolutions of this house, the 2d of April,1800,
and of the 24th of January last.”
nevertheless reélected, but disqualified, as we
shall observe, at the ensuing session, by an act
of the provincial parliament. and his person
subsequently incarcerated in the common gaol

‘at Quebec, on suspicion of treasonable prac-

tices, under the act for the better preservation
of his Majesty’s government, which began thus
to be made an instrument of oppression, and to
put down an humble individual who, however
troublesome to the assembly, could not have
been an object worthy of any apprehension by
the government, which, in this manner, uncon-
sciously lent itself, there is cause to believe,
to the suggestions of personal pique and the
vengeance of a coterie against him.

The legislature was prorogued on the 8th of

April, but beyond the common place obser-
y 2

He was, .

Ne
eee

a I IE
oni aman

a mcanamee

Chap, vances usual ona friendly parting, there Was

222

“~. nothing of note -in the lieutenant governor's

igor. speech. “ It will, I am persuaded,” —said his

excellency,— “be highly satisfactory to his
Majesty to mii that, in the regulations

which you have framed for the i improvement of
certain parts of the revenue, you have evinced
a laudable disposition to lessen the burthen of
the parent state, in defraying the expenses
of the civil administration of this province.”
A few days after the prorogation, his exce)-

lency learned that the king had been pleased
to grant him the dignity of a baronet of the
United Kingdom.

A bill also was passed “ for the relief oi
ages holding lands or immoveable property
of his Majesty enroture, upon which lods ¢1
venies and mutation fines are due.” It autho
rised the appointment of commissioners with
power to remit, in certain cases, the arrears of
lods et ventes due to the cro:va, and in others,
to make large deductions on immediate pay-
ment of a small proportion of the dues. Those
who had served in defending Quebec during
the blockade of the winter 1775-6, were alto-
gether exonerated from the payment of Jods ei
ventes to which any property they then pos-
sessed may have been liable, who were thus
favored in this manner, as well as by grants of
crown lands in reward of their services.

The revenues of the year 1801, amounted in
all to £27,166, currency, of which £17,120—
were available towards the discharge of th:

, there was
governor's
Pr —said his
tory to his
regulations
rovement of
ave evinced
e burthen of
ie expenses
| province.
, his excel-
een pleased
onet of the

he relief oi
ble property
hich lods et
It autho
sioners with
1e arrears of
d in others,
ediate pay-
lues. Those
bec during
, were alto-
t of lods ei
then pos-
were thus
y grants of
ces.
mounted In
£17,120—
rge of thi

223

expenses of the civil government, this year Chap.
amounting to £33,831, sterling, including ‘!)
£903 paid to Upper Canada, for its proportion yg)
of revenue collected in 1800. The amount due
that province for 1801, remaining due to it from
the above, was £1069.—The expenses of the
legislature were £1961, currency, and the
revenue to defray them £1785. —

The following were the members of the
legislative council in 1801 :-—

Chief justice Osgoode, speaker.

Rt. revd. Jacob lord bishop of Quebec.

Hugh Finlay, R. A. de Boucherville,

Thomas Dunn, Henry Caldwell,

P. R. de St. Ours, Chief justice Monk,

Francois Baby, Sir John Johnston,

Joseph de Longueuil, Chartier de Lotbinieére,

Chas. de Lanaudieére, Gao. El. Taschereau,

Sir George Pownall.

ERROR TO BE CORRECTED.

For—‘ He observed that those whoruled in France,” in the fourth
line of this chapter, page 204, read—He observed with respect to those
who ruled in France that.

epee ie pt pea

ee ee

hee
t ‘ 4
te ; ‘
be igh 3
Wai
: ¥
HS :

i

14
to Gara
ee
raed
Pa) a
hie | 5
Vay
i ’
Pata
Ha

ea
ie

%

4

Fer tee ¥ sas

Chap.
iX.
NOt!

1802.

NEW? ry

CHAPTER IX.

Parliament meets—lieutenant governor congratulates them
on the peace—encouragement of the culture of nemp
proposed—acceded to—money voted and a board ;
pointed ——Mr. Bouc disqualified—expedience of sal ary to
the speaker and an allowance to members considered —
close of the session—settlement of the eastern township:
commenced —session of 1803—militia and gaols recom.
mended—revenue and expenditure of 1802—prorogation
—short session in 1803, owing to renewal of hostilities
between England and France—strong manifestation o
loyalty throughout the province—parliament again opened
in 1804-—nothing of interest---guorum of the asse mbly
reduced to twelve— prorogation-~revenue— general ele:
tion in 1805--members returned—meeting of new pa
liament—Mr. Panet again speaker—proceedings of the
session-—a ¢ loud—prorogation—revenue of 1804— depar:
ture of Sir Robert Shore Milnes for England— Quebec
Mercury established in £805, by T. Cary, esqr.

Tue parliament met on the 1!th January,
The lieutenant governor congratulated th. n
on the return of peace, recently conclude
between Great Britain and France. He stated
that he had, at the close of the last session,
received his Majesty’s commands to take into
consideration the means of introducing and
increasing the culture of hemp in the pr ovince
and to offer the subject to their particula
attention. ‘The information he had obtain:
from persons who had made experiments in th
culture of the article, satisfied him, he sail

‘atulates them
ture of hemp
ja board al)
ce of salary \
s considered —
ern township
d gaols recom:
2— prorogation
al of hostilities
nanifestation o!
nt again opened
f the asset mbly
on general elec
ng of new sy
ceedings of the
f 1804— cle epat
vgland-— Quebec
, esqr.

Ith January.

ulated ther

concluded

>, He stated

last session

to take into
»ducing and
the province
rir particular
ad obtained
iments in th
im, he sald

that the soil and climate of Lower Canada, Chap.

were peculiarly adapted to this branch of culti-

et Mid
vation, and induced him strongly to recommend jgo9.

to them the early adoption of such measures as
might seem best calculated to encourage it
throughout the province.

The assembly, accordingly, appropriated
£1200 for the purpose, but the experiment did
not succeed.* Mr. Bouc havi ing been reélected
was again expelled, and a bill was now introduc-
ed and passed disqualifying him. A move was
made in the assembly to take into consideration
the expedience of fixing an allowance for the
speaker and members of the assembly, but no
determination adopted.. The session closed

nthe 5th of April, the lieutenant governor
sanctioning eleven bills on the occasion.

Large tracts of land in the eastern town-
ships had been granted to various persons, in
order to encourage settlements in that quarter,
and it was at and ‘shortly previous to this period
that the first settlements were commenced
there, under great disadvantages for the want
of roads of communication with Quebec and
Montreal. Many improvident grants were made
to favorites and speculators, who allowed them
to remain waste until the toil and improvements

: of those actually settled in their neighbourhood

’ N board was appointed at which the lie utenant governor himself
usually presided. Small specirnens of hemp and of a good quality

| were produced irom year to year, during several seasons, while the
{ sheng ums lasted ; but the habitants could not be induced to relinquish

heir old system of a griculture and produce of wheat, yielding them a

F certain profit, for the growth of hemp which they were unacquainted
e with

we

Ge SI eR

226

Chap. should give them value. In several instances,
the grantees of these tracts have disappeared,

aw the 8 by dying off and others by leaving the
province, while the lands granted have, jy
many parts, been occupied and improved }y
“ squatters,” to whom, however odious the
are to the absentee proprietors, the province js
chiefly indebted for the thriving settlement
which, at the present time, present themselves
to the tourist, in the eastern townships, known |
as the district of St. Francis.

The speech, in opening the session, on the
8th February, 1803, if we except a recommen:
dation to renew the militia laws, about to
expire, and to make provision for the insulli:
ciency of the gaols-at Montreal and sabi
was uninteresting. His excellency congrat’
lated the legislature on an increase of the reve
nue, which, for the year just ended, amount
to £31,241, currency, while the civil expend
ture of the s same was £37,008, including £2017.
to Upper Canada, and £6, 090 to the govern
in chief and lieutenant governor, that is, to the
former, who was absent on leave, £2,000.
the latter, £4000, besides the salaries o! |
officers of the legislature, £2,099, current
and upwards of £750 more, for contingencies f
Nothing of any importance took place dur
the session, but six bills being passed, one al
them for the better regulation of the militi
and of which, in proroguing the parliament, ts
lieutenant governor spoke jin terms of sails
faction. |

eral instances,

> disappeared,
vy le eaving the
nted have, in
| improved by
r odious they
the province is
ig settlements
ont themselves

mships, known |

session, On tlic

yt a recommen:

aws, about to

for the insuffi:

il and Soe

ancy congrall

ase of the reve-
ded, ne
civil expent:
cluding £2017
to the governor
. that is, to the

e, £2000,

salaries o! the

099, current

; conting®) cies
k place during
passed, one dl
of the mult
parliament, te
terms of sails

227

A short session of the legislature took place Chap.
in August, in consequence of the recommence- |:

te del od

ment of hostilities between Great Britain and Yeo,

France. ‘The alien act, and that for the better
Bpreservation of his Majesty’s government had
been allowed to expire on the late advent of
Bpeace, but the return of war rendered, in the
opinion of the government, their revival neces-
sary. His excellency stated to the legislature

that, under these circumstances, it was their im-
mediate duty to provide for the internal security
go! this part of his Majesty’s dominions, by 2
enewal of those temporary laws which were
ound so beneficial during the late war, and by
which, under the blessing of providence, the
Internal happiness and tranquillity of the colony
were so effectually maintained.

To this the assembly very loyally responded,
by stating that, under these circumstances,

hey felt it to be their indispensable duty to
provide, without delay, for the internal security
Mf ihe province, not forgetting that during the
ate war, the temporary laws that were then
dassed did contribute to assure the tranquillity

hen enjoyed, and that they agreed with his
xcellency that the first object ‘of. their consi-
eration should be the renewal of those acts.

they were accordingly passed, and being
ssented to, the assembly, after a short session
f ten days were, on the eleventh of August,

rorogued.

‘ Upon the recurrence of the war, there was a
rong manifestation of loyal feeling universally

Se gd BELTS OAM PESTO tO

MOTEL

Md GAT OEE MAT OE

REE SNA ATLL AEN

se

HP SAIS RNG ST AEE

sagen ae mS

Chap. throughout the province. The lieutenant gov.

228

i Ae sent down, late in the session, a ae sag re

7803, to the assembly stating, that he had * the sat;

faction to acquaint them that a considera! se
number of his Majesty’s subjects in this pro-
vince, actuated by a spirit of loyalty and zeal,
for the interests and honor of his crown, had.
offered to form themselves into volunteer com-
panies for the defence of the province at the
present moment, and to serve under such off.
cers as his Majesty’s representative should
appoint to command them.” And he recor:
mended the subject accordingly to the consi.
deration of the house. A bill was introduced,
passed, and sent up to the legislative council
relative to it but too late, the prorogation tak.
ing place the next day. No inconvenience,
however, was felt from the circumstance, the
militia act being in force and sufficient for every
practical purpose, in case of an emergency,
not very likely to occur unless in case of a
rupture with the neighbouring republic, of
which there was then no probability. The de
monstrations of loyalty which this renewal of
hostilities brought out, nevertheless were grate
ful to the government and _ to all loyal men; ii
contributed to confound distinctions of n: ational
origin, and to bind all classes together in ¢
common cause, as brethren of the same grea
political family, and was very creditable to he
canadian people.

In reopening his pariiament, on the 10th of
February, 1804, he again called upon them to

nant gover:
a mMessag
| «6 the satis-
onsiderabl
in this pro-
ty and zeal
crown, had.
unteer com-
vince at th
ler such offi-
tive should
1 he recom:
o the consi:
: jntroduced,
ative council
ogation tak-
contenience,
nstance, the
jent for every
emergency,
in case ol a
republic, ol
ty. ‘The de:
gs renewal of
is were grate
oyal men ; i
ns of national
‘ether in the
16 same greal
ditable to the

mn the If
upon them to

Oth ol

229

continue the two acts they had renewed at the chap.

late short session. Beyonu this there was
nothing of any moment in the speech We
shall, how ever, note a part :-—

'« Gentlemen of the legislative council,
ihe house of assembly,—In proceeding to the consideration
of the several objects, to which [ have adverted as well as
such others as may come before you in the course of the
session, you will not failto keep in mind the important
advantages which have resulted from the unanimity, as well
as from the enc rgy with which the public a iffairs have been
‘conducted in the parent state, and you will, I am confident,
be emulous of manifesting a like unanimity in the proceed-
ings of this provincial parliament.

‘| have, indeed, in every session of the present parlia
ment, had experience:so satisfactory, of your dutiful affec-
tion to the person of our most gracious king, and your unre
mitting attention to the interests of his government, that 1 do,
with the greatest re
of them in the present conjuncture.

** T will do my part—I earnestly and strongly recommend
to you unanimity and vigour in the dispatch of public busi-
ness, and you will, Iam assured, be desirous of proving to
vor: sovereign, that your hearty zeal for his service, and
your just concern for the security and prosperity of this pro-
vince, are incapable of relaxation and decline.”

As the session advanced, it was found diffi-
cult to keep together a sufficient number of
members to carry on the business of the house,
and the quorum was consequently rec educe d to
twelve members, including the speaker. The
session ended on the 2d “May, thirteen bills
being assented to, one for making a further
appropriation for encouraging the culture of
hemp. : |

Yhe lieutenant governor gave the assembly
his * sincere thanks for the zeal and unanimity

U

and gentlemen of

ason, confidently rely upon a continuance’

1X

St it ed

'SQd

SSE Ane SRM AA = "ete

alli — =e i. <>
iat Mini ARO cae Bae a a aiid

= re
ert 2

t ay
‘4 #
We

%
| i
‘i ,
BL

ts
a q t 4
it
|

fia:

Chap they had manifested in renewing the act for ||
better preservation of his Majesty’ S gove

ee et the alien and foundling acts, (by
last, an appropriation was made towards |
relief of insane pe rsons, and for the support |
foundlings, a provision afterwards continued by
vote of the assembly from year to year,) and
for the act encouraging the culture of he mp
This was the last session of the third pro
cial parliament, which thus parted with the
executive on the best of terms, returning to
their constituents loaded with its approbation,
and the consciousness, let us believe, still mor
gratifying, of having done their duty.

The revenues of the last year (1803) were

£32,276, currency, and the expenditure £56,

821, sterling, including £1340 to Up

1g,
Canada.

The general election took place in July, for
this the fourth provincial parliament. 1)
legislature met on the 9th of January, ‘1805,

* The members constituting the fourth assembly of Lower Cana
were :-—lor the

Upper Town of Quebec, William Grant and J..A. Panet ; Lo ve
Town of Quebec, J. Young ane Louis de Salaberry ; County ot
Quebec ; P. A. De Bonne and M. A. Berthelot ; County of Nor thei
beriand, J. M. Poulin and Pierre B a ard ; County of Orleans, Jero
Martineau ; County of St. Maurice, David Monro and Michel Carr
County of Leinster, C. G. de Lanandiare and J. Archambault:
County of Dorchester, John Caldwell and Thos, Taschereau ; Coun
of Etingham, ‘Thomas Porteous and André Nadon; Borough of Wii
liam Hei nary, Jonathan Sewell ; County of Kent, Fri angois Vis
Pierre Weilbrenner ; County of Warwic k, James Cuthbert an i Ri
Cuthbert; Borough of Three Rivers, L. C. Foucher and John a
County of Hampshire, J. A. Juch. Duchesnay and Joseph Planté
County of Buckinghamshire, Louis;Proulx and F. Le Gendre ; Cou
of Devon, F. Bernier and Jean Bte. Fortin ; County of Richeliew
Louis Bourdages and Louis Brodeur ; County of Cornwallis, J.

act for
S gove
ts, (DY th
owards |
» support of
ontinued dy
year,) and
e of he
hird provin
ed with th
returning
approbation,
ve, still more
ity.
1803) wer
iditure £56,
>in July, tor
ment. |

wary, * 180

vy of Lower Cana

_A. Panet ; Low

aberry 3 County o!

‘ounty of N«
-of Orleans, Jera

ind Michel Carron4

1 J. Archambault

‘aschereau ; Com

1; Borough of Wi.

F rancgois Vii

Cuthbert ard Hi
‘her and John Lees;
tnd Joseph Planté

Le Gendre ; Counts

bunty of mt i"

ornwallis, J.N. er

231

and Mr. Panet being again chosen and confirta~ Chap
ed in the customary terms speaker of the
assembly, the lieutenant governor recommended
the renewal of the alien act and that for the
better preservation of his Majesty’ S government,
as necessary to the security and tranquillity of
the province, which was readily complied
§ with. Much of the time of the session was
absorbed in inquiries relating to contested
elections.

The navigation of the inland waters of the
province was , however, taken into considera-
tion this session for the first time. Ii was
resolved that its improvement would greatly
facilitate the intercourse with Upper Canada,
and increase the trade and navigation of both
provinces, and that the removal of certain
impediments in the rapids between Lachine
and Montreal, would greatly tend to that end ;
and that an attempt should be EGE to remove
the impediments in those rapids, anda sum

not exceeding a thousand soants 3, currency,
m appropriated for the purpose. ‘That amount
) was accordingly appropriated, but to little pur-

| pose, unless to confirm the opinion now preva-
' lent, that nothing short of a canal, long con-
F templated, (and since accomplished,) could

er ee

bSOD.

ult and Alex. Roi; County of Huntingdon, J. Bte. Raimond and
vr A. M‘Kenzie ; Count ty of Montreal, Be njamin Frobisher and L,
FE Roi Portelance ; East Ward of Montreal, John Richardson and J.
: Marie Mondelet; West Ward of Montreal, James M‘Gi!l and Louis
haboillez; C Joutity of Surrey, Noel de Rocheblave and Jacques Car-
tier; County of York, John Mure and Eustache L. Dumont, fils ;

Coun ity of Hertford, Louis Terzeon and Etienne Ferreo! Roy ; Coun-
m ty of Gasp si George Pyke; Co: ahiy of Bedford, ————

h

a

—<—

= =,
ans enh ee

eget ee

a mee
ob ere

es
pe

ae

Sar
ws ee
a him ha

e

ee a

en

SS a een
ee
i

232

Chap. permanently overcome the difficulties presen!
‘X- ed by those rapids.

‘an. A bill “to enable the seigneurs to pappoun i"
their feudal rig ghts and dues with their vass
and censitaires,” was Introduced but ral
through, from what cause is not apparen|
Several bills received the royal assent at (|
close of the session, among them one for {ly
erection of common gaols in Quebec nd
Montreal, and imposing duties upon the tra
exclusively, to defray the expenses of th _

‘ection, a measure exceedingly distasteful |
Ke commercial world,who, it seems, petition
his Majesty to disallow it ;* and anomet for th
better regulation of pilots and shipping,
Improving "the navigation of the St. Lawren
probab ly the most important of the sess

The trinity house was established by it,
very Important powers relating to the naviva:
‘ion of this noble river, and to the ports
Quebec and Montreal.

A slight misunderstanding seems to_ hay
arisen between the lieutenant governor
assembly, relative to an increase of salary \
the latter were disposéd to allow one 0!
oflicers, the french translator to the house.
address was sent up requesting his excellenc'

This; ‘ the Gaol’s act,’ as it has commonly been called, i
ed a duty of two and a half per cent., upon goods, wares
chandise sold at publie auction; a dt ity of two pence a: pound 0
lea; four pence a pound on souchong; six pence on hyson,
all other green teas, four pence. And an additional duty,
already existing, of three pence a gallon on all spirits or othe)
liquors, three pence on all wines, and two pence on mous

syrups.

his. excellenc'

233

would be pleased to take into consideration cia; |
the services of Mr. P. E. Desbarats, french
translator of the house, and make such addi-
tion to his salary as in his wisdom he should
see fit. To this he answered—* that however a
he might feel disposed to accede to every |
request of the house of assembly, he found
himself called upon in the present instance to
decline doing so,—and that he regretted the
necessity for remarking that when the usual a
observances which tend to preserve a due har- Wii
mony between the executive power, and the
other branches of the legislature were omitted, 1}
he felt himself compellec d to resist a precedent Wit
which might lead to consequences so injurious.’ ia
This gave great umbrage to the assembly, who a4
immediately. resolved (yeas 8, nays 7,) to go 3
into committee on the subject, but a message |
from his excellency by the usher of the black Vn
rod, requiring the immediate attendance of the 4
members in the legislative council prevented it,
and put an end to the session. He prorogued’ |
\

lO Ne |
L805. A

the leg ‘lature, ..evertheless, in terms of satis-
faction, assuring them that an earnest soli-
citude for their welfare would ever be a ity
prevailing sentiment in his mind, recommend- i
ing them, “ at all times and upon all occasions, | |
to “keep steadily in view those sound principles

of loyalty and gratitude to our most gracious
sovereign, by which alone that genuine happi-
ness and that ample security they had hitherto (
enjoyed under his paternal government, could
be effectually and permanently secured. The

u 2

234

Chep above was the first instance since the establis!
_~ ment of the constitution to the present time,
isvo. the shadow of a misunderstanding between th

executive and the assembly. What the “ ob-
servances,” which the assembly had “ omitted’
were, doesnot appear by the journals of th
house.

The provincial revenue of the last year.
(1804) by the accounts laid before the assem
bly this session, came to £33,633, curren \
The civil expenditure to £33,003, sterlin
Of this the heutenant governor, Sir Rober
Shore Milnes, administering the governmen
was in the receipt of £4,000, and the governo:
in chief, Prescott (absent) £2,000 ; it included
also £1,272 to Upper Canada. The salaries t:
the officers cf the legislature now amounted to
£2519, currency, independently of the sum
stated as the amount of civil expenditure. Thy
expenses of the late election were £545,
currency.

The lieutenant governor sailed for England
on the fifth of August, in H. M. S. Uranie,
leaving Mr. Dunn, as the senior executive
councilor, to administer the government.
His excellency received an address from the
citizens of Quebec on his departure, but wa:
not a popular governor. The general opinion
of Sir Robert Shore Milnes, as far as one can
judge of it at this distance, ranks him as an
easy well-meaning man, with talents scarcely
above mediocrity, of no self-confidence what-
ever, and consequently easily influenced by the

irresponsibles about him, to whom he looked chap

establis! :
t time, J avi Cc. : . 1A |
ruse th tis worthy of remark that anew weekly j,,,
the “ ob- paper, ‘ 7 he Quebec Mercury,” exclusively

| english, till extant and thriving, was set on

‘omitte

' } vy) ry Yate " 4}
ae foot at the commencement ot the prese ar
als of th ot at th Aptana nt of tae present year,

in Quebec, bj Thomas Vary, esqr., ane nelish
ntleman, brought up to commercial pursuits,
cll for several yeal > pre viously astablished
currenc\ inthe pi province, of e extensive information, and
sterkin torial talents of the firstorder; the point and
9 oly
ir Robert pung ncy of whose pen we shall hereafter have
yernme! occasion to notice. Mr. C haAVY was patre nise a
; | t) , (| » +
» govern a) the trade, and remained editor of the paper
t included i¢ had established, and conducted with ability,
salaries | until his decease, which took place in 1823,
YPaAIC ‘ p , :
1ounted to regretted’ by a large circle of acquaintances,
’ the sum

|
ture. Th

last yea

he assem

and even by many of those to whose polities
he was, from principle, opposed.

re £545 The total of arrivals at Quebec, this yeai, froin
abroad, was 146 vessels, burthen 25,136 tons.*
r 1 ral . . °
England The following post office notice publishe din
teases ry -) ed ‘ —_ ‘
Uranie The Quebec Mercury, of 2d December, 1805,
sccetinbikive will give an idea of the mail communications
vernment, Bee co
. , ‘The annexed comparative statement of arrivals and tonnage, at the
from the | port of Quebec, up to the 22d November, in each of the years 1846
but wa: ind 1847, from an authentic source, will contrast well with the
| OpiDion Vessels. Tonnage.
hs one Cah 22d Nov., 1846—1439, - - - 573,104
im as au 22d Nov.,1847—1178, - - — - 474,486
8 scarce!) Less this year, 261, - - - 98.618
nce what ; —from the ‘* Morning Chronicle’? Quebec, 22d Nov., 1847.

ed by the

236

Chep. at this time, with England and the neighbou

IX. ing provinces :-—

isos. The winter Mails for England vid Halifax, will |
closed on the following days, viz :—

On Wednesday 27th Nov. Wednesday, 18th Feby.
Do. 26th Dec: Do. 19th March,
Do. 22d Jan. Do. 16th April,

and on Wednesday, 24th May, first fortnight trip.

The Mails for Upper Canada, will be despatched on thy
following days, viz:—

Monday, 29th instant, Monday, 10th February.
Do. 16th Decr. Do. 10th March,
Do. 13th January, | Do. 7th April.

Quebec, 20th November, 1805,

eighboui

ad, will hy 4

ae CHAPTER 4X.
sth Feby P
th March.

ih shor Mr. Dunn, president and administrator of the government—-
ht trip convokes the parliament—topics of the speech —crusade
. : against the freedom of the press —Tsaac Tod and Edward
tched on 1

Edwards voted guilty of breach of privileges of the assem-
bly—Thomas Cary in like manner—~gaols bill of previous
session, and proceedings with respect to it—address on the
subject to his Majesty—transmitted through the presi-
dent~-remark of bis honor on receiving the ade tos —

Pebruary

March,

ypril.
assembly take umbrage prosanny In proroguing exp ESSES
dissatisfaction that business had not been de spatched,
owing to non-attendance of members—-revenue and ex-
penditure of 1805—* Le Canadien,” established—its
purposes —anecdote—meeting of parliament in 1807—
speech —favorable address of the assembly in answer—
miscellaneous matters during the session—death of Mr.
Lees, member for Three Rivers, and election of Ezekiel
Hart, esquire, in his stead—prorogation—revenne and
expenditure for 1806,
Mr. Dunn assumed the government, as pre- chap.

sident and administrator, on the 8lst July, X.

1805, Sir Robert Shore Milnes having admi- 75

nistered it six years, day for day. He convok-

ed the parliament for the 22d February, 1806,

ei on opening it congratulated the country on

the victory rained by his Majesty’s fleet over

the combined fleets of France and Spain, off

Cape T rafalg ar, on the 2ls t October last,when

nineteen of the ¢ enemy’s ine of battle ships

surrendered; and also on the subsequent

action off Ferrol, on the 4th November, in

23

yao Te

Chap. Which four french ships of the line were cap-

X.

tured by an equal force; victories which

1806. placed Great Britain and her colonies ina state

of perfect security from the meditated attempts
of the most ferocious enemy she ever had to
contend with. “ But alth otic we are thus, by
the blessing of div] ine providenc e, and the powe
of his Majesty’s arms protected,’ ’-said th
president—* fromthe danger of external attack,
J mane no doubt but your prudence and loyalty
will induce you to renew those temporary acts
which,during the last as well as the present war,
have been deemed ex xpedient for the bette:
preservation of his Majesty’s government, and
the internal tranquillity of the province, though
happily very few instances have occurred in
which it has been found necessary to put then
in force.” This was suitably answered im the
address, the assembly assuring him they would
re BP w the acts.

| he first crusade against the freedom of the
press, by the assembly of Lower Canada, took
place this session, and ought not to pass unno:
ticed. An article in the Montreal Gazet
No. 50: 3, dated “ Monday, April 1st, 1805
printed by “ £. Edwards,” was, on motion of
Pierre Bedard, esqr., voted, by a majority o!
16 to 6,* “ a false, scandalous, and malicious

Mhe division was as follows:—Yeas, Messieurs Fortin, Ferréo

Roy, Carron, Weilbrenner, Martineau, Turgeon, Taschereau, Alex-

ander Roy, Lussier, Bedard, Bourdages, Le Gendre, Berthelot, De S
laberry, Planté and Proulx,-—16.

Nays, Messieurs Richardson, Pyke, Mure, Roy Portelance, F)
hishe 1 and Young .-—-(

vere cap-
§ which
in a state
attempts
er had to
thus, by
he powe
-said thi
al atte
1d loyalty
rary acts
sent war,
ie bette:
nent, and
e, though
curred 1
put then
ed in th
ey would

pm of the
1da, took
iss UNNO
Gazette,
- 1805, oe
notion of
hjority o!
naliciots

939

lil el, highly and unjustly ref flecting upon his Chap.
Majesty’s re epresentative in this province, and oh
ou both houses of the pr ovincial parliament, ‘ané.
and tending to lessen the affections of his Ma-

jesty’s subjects towards his government in this

prewnce. A « committee of seven members
was, therefore, appointed to enquire into the
authors, printers and publishers of the said
hbel.” They reported Edward Edwards to be
the printer of the ] paper in question; and * that
it appears to this committee that Isaac Tod,
esquire, of Montreal, merchant, was president
at a dinner given at Montreal, in the month of
March, 1805, in Dillon’s tavern, by the mer-
chants of that city, to the representatives of the
town and county of Montreal, and that he there
gave the sixth, seventh, eighth, ninth, tenth,
eleventh, and twelfth toasts inserted in the said
printed paper,” and which constituted the
ibe”?

The following are the toasts on the occasion alluded to 7-1. The
iin o. a The » britis ne mip ive ; and may the people of this province
be impressed with a grateful sense of the happiness aad advantages

hey de rTive from being a part of it. 3. The lieutenant governor and
sperity % the prot ince, 4, General Hunter and prosperity to
Upper Canada 5. ‘Phe navy and army. The honorable mem-
bers of the ‘api itive council, who were friendly to constitutional
ixation, as proposed wh ur Worthy members in the house of asserm-
7, Our representatives in provincial pa ent, who propose d
constitutional and pr per mode of peer iv for building gaols: and

o opposed a tax on commerce for that purpose, as contrary to the
ind practice of the parent state. 8. May our representatives be
TI ated by a par ty spirit iOl the sood of the province as depen-
nt on the british empire, and be divested of loeal prejudices. 9.

. 4 \ ‘ : ot } P ae
osperity Oo the agriculture nd commerce of Canada, and may they

. ae ' . ,
each other, as their true interest Wctates, DY sharing a due pro-

tion of advantages and burthens, 10. The city and county of
ritreal and Tn r nd juries if Lae district, who recomme nded local
ssments tor i { purposes 1] May the city of Montreal be

2.40

Chap. Pursuant to this, it was resolved by the house
X- on motion of Mr. Bedard, ® that Isaac Tod

asus esquire, merchant, of the city of Montrea
having published the libel mentioned in the
resolutions of this houst, at a dinner given at
Montreal, in the month of March, 1805, in
Dillon’s tavern, by the merchants of Montre al.
to the representatives of the city and county o
Montreal, where he was president, i is guilty of
a high breach of the privileges of this Leia?
-—and * that the said Edward Edwards, hav-
ing printed the said libel, is euilty of a |
breach of the privileges of this house.”
Vhese two gentlemen were accordingly order
ed to be taken into custody the Pa aa
arms, but not being found by his deputy v
went to Montreal in quest of them, the maiter |
was dropped. ‘The dinner given to the repre- :
sentatives of the city and county of Montreal,
was, itseems, in approbation of their opposi-
tion to the “ gaols bill’ of the previous session
mpopular with the merchants, as providing the J 1

h¢
ij

enabled to support a newspaper, thou igh deprived of its natural and
useful advantages ; apparently for the benetit of an individual. |

May the commercial interest of this prov ree have its due influ
on the administration of its government. 13. ‘The fair sex, tes
grect spur to our pursuits, and th: prize of our incust ;
A correspondent of the Quebec Mercury, obs rves :—< TI
foregoing toasts were given by Mr. ‘Ted, who was president ; a1 f
the band played at intervals and apropos——God save the Kir
Rule Britannia—Roast beef of old Eng sland—- Lhe conquering hi \
comes—— Britons strike omnes - Hearts of oake-- The staunch man oj

mill. andthe myrtle of Venus. Upwards of fifty of the first peo;
the place were present, on this occasion ; and [ am sure none of th r
: ever dreamedof acting wrong, or contr wy to the constitution of 1!
country.”? How, indeed, these patriotic sentiments could give offenc: j
to the assembly, morbidly sensitive, it would seem, and be construce
by it into libel, is at this time of day, difficult to conceive

the house
saac ‘Tod
Montrea!

ed in the
r given at

Montre,|

county (

) ouilty 0}

is house.’
ds, ha

of a hich
house.” —

g| bd Or¢ t C}
ergeant
>puty 4

the maiter
the repre.
Montreal.
ir Opposi-

iS session

viding the

its natural and

dividual. |
s due influer

sex, being th:

PVOES tenis “TH
resident 5
we the Kine-
nquerin,

ch man o}

» first peop

e none of then

stitution of

ud give offence

d be const:
ive

ron, Taschereau, Poulin, Turgeon, Bedard,

241

ways and means upon the commerce of the Chap

country, for defraying the expenses of the new *
gaols. 1806,

The proceedings of the assembly, on this
matter, gave occasion to Mr. Cary, the editor
of * The Quebec Mercury,” to make some
remarks upon them while in progress, which
brought down upon him also the indignation of
the house. The following are extracts fr rom
the journals of the assembly,of the 11th Marc}

1806, relating to the matter :—

‘© A complaint was made to the house by Mr. a rthelot,
in his place, that Thomas Cary, editor of the “ Que bec
Mereury ,” had in his paper of yesterday, presumed to inter-
meddle in the proceedings of this house. Mr. Berthelot
then laid upon the table a printed paper, with several pas-
sages pointed out therein, and desired that the said passages
might be now read | by the ( clerk, which being objected to by
several members, debates arose thereon, and Mr. Speaker
having refused to cause this complaint .o be entered upon
ihe journal otherwise than by motion.

“* Mr. Berthelot moved, seconded by Mr. Bourdages,

‘That anentry be made on the journal of this house.
that he had complained to the bouse, that Thomas Cary,

editor of the paper intituled ** The Quebec Mercury,” had
in his paper of yesterday, undertaken to render an account
of the proceedings of this house, and that he had desired the
same might be read by the clerk.

“ The house divided upon the question, and the names
seing called for they were taken down as follows, viz :—

“ Yeas—Messieurs Ferréol Roy, Alexander Roy, Fort ing
Weilbrenner, Lussier, Martineau, Proulx, Le Ge ndre, ( var-
Berthelot, De
salaberry, Plante and Bourdages.

«© Nays-—Messieurs Richardson, Moore,Caldwell, Monro.
Young, Mure, and Roy Portelance.

X

ne _

—

Ts corns

a

=

en Tee nay NEE Ae a

scsi et A RNC te Reenter

sw _
a

Se

a

a

Chap.

i
tO

‘* And the same being carried by a majority of ten votes,
it wen ordered ancordingly.

Ordered, that Thomas Cary, editor of the new spaper
fattened, 6 The Quebec Mercury,” for undertaking in bhi
paper of yesterdav, to give anac count of the proceedings o|
this house, be taken into custody of the serjeant at arms
attending this house.””*

Mr. Cary, petition to the assembly, hav-
ing expressed his regret at the publication by

The articles at which the assembly took offence are the yew
ing :—* We beg leave to direct the attention of our rea aders, in a pa
ticulal manner, to a pari el in page 77, of this paper, under th
head of FRENCH INFLUENCE. Itis certain that nothing could bs
move gratifying to our are hee memy and tne french nation, than 4 pro
hibition on our presses, The usurper well knows the wholesome
truths they teach~-how strongly they inculcate a hatred of tyr nny
how ardently they cherish that noble, that inspiring passion, a lov
of country, whence every brifon so sensibly feels that the cause ot
his country is hisown. We cannot torget the efforts ofthe tyrant t
curb the presses, in England, just before the breaking out of the | Te-
sent war, May his influence never exiend to us! We know ourse!
to be beyond the reach of his arms ; but where will not ite fen {
and french cunning insinuate themselve S, nN

‘The resolve of the house of asserbly on Friday, on the subject
ofa tibel, in the Montreal Gazette, relates to some toasts given at
public dinner, and published in that paper. ‘The mover, we hear,\as S
Mr. Bedard. All the oid subjects, in the house, with Mr. Portelance,

voted against the resolve. If the object be to charge the printer w.!! S
a breach of privilege, and to call him from his family and busine t
weare extremely sorry for i because we think it must give rise
ahpleats ant investigations of the rights and powers of the house. The Ui
dyeipen on the resolve was—for 16, against 6. q

‘ FRENCH INFLUENCE.— In the § Secret History of Europe,
ol d and searce book, we have read some remarks, by which.it wou |!
seem that the french nation supported the same character former! By
. ‘

as at present. ‘ Tis observable,’ says the writer, ‘ that wherever th
french are concerned, they are very uneasy at the liberty of fre t
states, which will not admit the fying up of the tongue ; and locieii ‘7
up of the press, as is done where their tyranny is predominant. ‘Phis J
needs no comment. ‘ Wherever french councils prevail; there fol- '
laws immediately a spirit of pe rsecution and cruelty.’ But th: ‘
irench faction were always ready to load their opponents with 1! 4
very crimes they only could be guilty of.’ n
‘These remarks were at the time, and under the cireumstances, p
haps, indise reet; but certainly not worth the indignation whieh th C

ARS! mbl ye yineed on the occa: sion.

2

ten votes,

newspapet
king in his
ceedings o!
nt at arms

ly, hav-
ration by

» the follow-
ers, 1M a par:
er, under the
ing could by
1, than a pre

a wholesome
of tyranny

ission, a lov

the cause of

“the tyrant
yut of the a
ow ourse!

ot italian wt

m the subject

ists given ata
we hear.\Was

r. Portelanes
> printer w
und busine
st give rise

house. ‘The

t Europe 2

hichit would

iat. ferincy I
wherever th
iberty of
and loci
ninant, bk}
il; there fo

>

ents With 4!

nstances, |
on whic

ames But the

243

which he had incurred the displeasure of the Chap

house, was immediately released.
the time,
have acted far more wisely in taking no notice
of the matter than in taking it up, which seem-

ed to all the world more like an attempt to
overawe the press, than in vindication of their
privileges, and was scouted accordingly.

[t has‘been previously mentioned that the
“ gaols’ bill” had given dissatisfaction to the
commercial community, and that the king had
been petitioned to disallowit. This, by the
constitutional act, was a power specially re-
served to his Majesty, who, at any time within
two years next after a bill had received the
royal assent in the province, could, by disal-
Jowing, render it anullity. It was from the
agitation of this matter that the Montreal din-
ner and obnoxious toasts, deemed libels by the
assembly, had proceeded. It was now, in con-
sequence of the exertions which it was under-
stood had been made on the part of the trade,
to induce the government at home to advise
the king to disallow this act, determined by the
assembly to address his Majesty on the sub-
ject. As the two main interests, commercial
and agricultural, (the conflict was merely be-
tween these, for: the idea of nalionalilé, had not
yet started,) of the province came in contact
in this matter, —and, indeed, have never since
to the present day been reconciled,—each
maintaining that the other should ‘bear the
expenses of erecting the new gaols, it may be

Sut even at

it was thought the assembly would soe.

Chap. well to bestow some attention upon it, and

X.

| eae

hear their respective reasons, which we give
as we find them recorded’in the journals of the
assembly :—

“ Mr. Bedard moved, seconded by Mr. Berthelot, —That
a committee of nine members be appointed to prepare a
loyal, dutiful, and humble address to his Majesty, humbls
to beseech his Majesty that he will graciously be pleased to
re eiva the supply offered by the assembly of his province

Lower Canada, by the act preset) in the forty-fifth year ot

Majesty’s reign, intituled, “ An act to provide for the
srectii a of one common gaol in each of the districts of
Quebec and Montreal respectively ; and the means fo:
defraying the expenses thereof ;” and that he will be pleased
to give his royal assent to the said act: to assure his Ma
jesty of the loyalty of his faithful subjects in this province,
of their zeal to maintain his benign government, of the lively
gratitude they entertain for the prosperity of this province,
and the advancement of its popuiation and agriculture
arising from the powerful effects of his paternal protection ;
blessings which they look upon as the most solid basis oi
support to its defence and commerce 5 and which the assem-
bly, by adopting the tax contained in the said act, did not
wish to discourage : together with a memorial containing the
reasons which induced the house to prefer the mode resoriex
to, in preference toa tax upon lands.

** Mr. Richardson moved, seconded by Mr. Mure, ti
amend the motion, by leaving out all the words - thereot,
after the word Majesty ,” in the first part of the third line,
and to substitute the following,—‘* Humbly to assure his

‘© Majesty, that this house being now fully sensible of the

“a

propriety of adopting the wise practice of the mother coun-
try, in respect to taxation, ‘do therefore deeply regret that
they did not yield to the very strong reasons adduced foi
‘“ adopting such practice, in prefe renceypd the principle laid
“down in the act passed last session, intituled, “ An act to
*¢ « provide for the erecting of one common padl j in each ot!
“the districts of Quebec and Montreal respectively,
‘and the means for defraying the expenses thereof,
*“‘ which they now feel by the experience of its operation, has

6

~

6

nm

n

. it, and

we give
ils of the

lot, — That
prepare a
yo humbly
pleased to
is provinces
ifth year of
ride for the
districts ot
means fo:
be pleased
his Ma
3 province,
f the live!
province,
jgriculture,
protection ;
id basis o}
the assem:
ct, did not
taining the
de resorted

Mure, t
Is - thereof,
third Jine.
assure his
ible of the
ther coun-
regret that
ddueed f
nciple laid
An act t
n each
pectively
hereof,’
ration, has

YAH

“imposed an insupportable burthen upon commerce, and ¢
“ really injures agriculture through the medium by whieh X.

*‘ they intended to encourage it: and further to entreat his ——~
‘¢ Majesty that as the means of immediate redress are now [S06.

‘¢ out of their power, by the act having passed the the
*¢ branches of the provincial legislature, his Majesty w’! de
6 graciously pleased to apply the ¢ onstitutional remedy of
‘¢ his royal disallowance of the said act.”

rm n N] a a, rod ' c , c

Che proposed amendment was rejected, and
the main motion carried by a majority of 15
to 6.

An address and memorial to the king was
drawn up by the assembly. .-nlanatory of the
motives that had influencea | em in adopting,
in preference to a land ¢:x, the mode of taxa-
. . r , . . - ‘ - . $4 ,. . . :
tion contained in the * gao’. act,” for the erec-
r fe 1 ‘ : ¥ « x rp 1 ‘ TC ‘ ‘
tion of those establishm. ts Chis was taken

* The following is the address :—— |

«“ We, his Majesty’s most dutiful and loyal subjects, the represen-
tatives of Lower Canala, in assembly met, humbly approach the
throne, with hearts filled with loyalty and attachment to your sacred
person, your family and government.

‘We humbty beg your Majesty to be assured of the loyalty and

fidelity of your people of Lower Canada, and of their zeal for the
support of your Majesty’s benign government.

‘Tt is with the most lively gel ide, we feel in commen with
your other subjects in this country, the powe ful effects of your Ma-
jesty’s paternal protection and of your government, on the prosperity
of this province and_on its progressive population, avricuiture and
commerce. But aboveall we cannot fail expressing to your Majesty,
the pleasure we experienc e by eontemplating in the advancement of
its population and agriculture, the increase of that fund which is the
most permanent support of its commerce, and of the means of defence,
W hich must insure to us a continuance of the happy effects of your
Majesty’s government.

‘Tt is inthe confidence of the importance of these objects and of
your Majesty’s paternal care, to defeat whatever is opposed to them
that we have, in the unadvanced state of this province, thought it our
duty to prefer to a land tax, the means adopted in the act now mubmit-
ted to your Majesty’s approbation, intituled, “an act to provide for

the erecting of acommon gaol in each of the districts of Quebee and ‘

Montreal respectively, and the means for defraying the expenses
thereof.”> And wecould not learn that the merchants of this country

¥ Y

246

Chap. Up by the assembly, with the speaker at thei
*- head, to the president, with an humble address

Se i . ‘ 7 ‘
130g, 0 him, in the following terms :——
“ We his Majesty’s dutiful and loyal subjects the repre.
sentatives of Lower Canada, take the liberty of soliciting

had taken the means to obtain your Vajesty’s disallowance thereto
without conceiving it our duty to submit to your Majesty the motive
Which induced us to offer you the supply proposed by this act
our humble prayers that it may not be disallowed.

‘ We therefore humbly beseech your Majesty, that you will gracj
fnusly De pleased to receive the Su ply offered by this act, and to With
hold your royal disallowance therefrom.

« Your Majesty’s dutiful and loyal subjects, from the reiterated
r xperience ot your constant attention to their hap} iness, have evel
reason to hope that their application, the object of which js ardent! \
desired by the people of this province, 1 ay meet with success,

‘“ And as in duty bound, your Majesty’s faithful subjects will eve)
pray for the honor, pre ery ition and prosperity of your Majesty”
sacred person, your family and government.’

ai)

— ee

‘Mrmoriat, containing the motives which led the assembly of Lowey
Canada,’ to adopt in preference to a land tax. the mode of taxation
contained in the act of the provincial parliament of Lower Canada.
passed in the 45th year of his Majesty’s reion, cap. 13, intituled
‘an act to provide for the erecting of a common gaol in each of
“ the districts of Quebec and Montreal re spectively, and the means
‘ for defraying the exnenses thereof,””

‘The assembly considered that there was no comparison to by
made between this country and Murope as to the propriety of a land tax
“ Inthe mother country and other countries o| HKurope, where agri
culture has brought lands to nearly the same value, a territorial bin
then ay ars prop rtionally on the property ot the subject, whereas in

Canada, where agriculture is in the commencement of its progress

the lands are in such disproportion that a tax on them at so much ar

arpent as was proposed, would have been the most unequal, as in tha!
case, the person vi hy se soil Was worth ONLY six-pence per arpent

“would pay as much as him whose landed property 1s Worth sixty

pounds an arpent; a disproportion not likely to happen in Europe, but

nevertheless realand even commoa in Canada

“ This tax would pear cluefly on those who begin to open lands, as
they are generally possessed for the create? part of such lands whie
are of little value. These new settlers. whose labour is so precio
to the province, and whose efforts tend to e crease its real value an

soil, the most certain basis of its commerce. would be saddied w

the greatest part of the bhuthen at the time when they should receiv:

every encouragement.

A tax on the estimated. value of each farm would be equal!

impracticable; the charges of appraisement and collection would |

LX

pay

at the
address

the repre-
’ soliciting

hee ther: 1o
the motive
act, ai

will graci

uid to with

e reiterated
have evel
18 irdent!
cess,

is W ill evel

r Majesty

ily of Lower
of taxation
ver Canada
) eS

3, intitules

| in each

1 the mean

vison. to be
fa land tax
where agy
ritorial bur
whereas in
(Ss progress
SO much

|, as in th

eT irpe nt
orth sixty
wurope but

sn lands, a
ands whis
oO pree
value iyi
idied w

uld recelve

e equal
l would |

vour honot nee Aa st ee of the utmost consequence to

nm ’

v . 4 a |

this part of his Majesty's duminions, \ Hi
Having been informe cd, that the merchants of this ——~ un

ountry have adopted means to obtain his Majesty’s 1806 Litt!

disallowance of the act passed in the last session of the

ae a tte

more burthensome than the tax it elf, lhe vexations that aecon nanv

such a species of tax, left to the discretion of individuals against
whom the oppressed poor cannot oiten obtain justice, induced the
issembly to belies e that it would be contrary to the spirit ot the con
itution which the mother country has granted to this province. The
odious and tyrannical aspect that such a tax would exhibit. would
alone be capable of diminishing those ideas of the blessings which the
canadians experience under the paternal protection of his ‘4 ijesty,
and under their happy constitution,—The present evil, although sli rht
would be looked upon as the signal of some sinistrous change, and
vould be augmented by apprehensions of what was yet to happen

ae

The tax or assessment on lands now practised agreeable ta the
ancient laws of the trench government for the erection of churches,
furnishes us With an example of the inconvenicnees that would attend
a territorial tax ; for although this assessment is only resorted to in
parishe: already established and of old standing, wherein the value of
lands is less unequal, the new settlers therein suffer much imposition,
as their means are measured by those of the old inhabitants, who
being the greater number give law to them. ‘These assessments,
although very hard in many cases, are far from producing the bad
effects which a tax imposed by the provincial parliat nent would
have, for the particular, nature ot thetr object, and the known origin
of the laws from whence the y proces “1, removes from them eve ry
idea of a tax imposed by “the present government, and eve ry ap pre:

nsion of the like in future ; and impresses them altogether wit]
ery differént ideas to what.a tax LL pe sed by the present government
Wol ld give rise to. :

‘Such are the motives that led the assernbly to believe that

iL gener
ly, from the unadvanced state of this province, a land tax would
be impracticable.

‘Int he present case, the B proposse tax appeared altovether unjus

as the a hobitants of the whs, whose riches Consist I movea lee

{ : , 1] : , : - 1
etleets, would have been totally exexnpted from contributing to the
lilding of prisons, which are particularly necessary for

securiig
é
ely property

The assembly considered generally, that an impost upon
commerce, and particutarly Upon objects sucn as those that are
ixed in the aforesaid act, was the most JUST, the least felt. and

repartition the most equal

The complaints of the merchants against this impost ;
intounded, as it is a well known principle that the con ner

ays ultimately and that the merenant only advances the monev

he comparison they now make of their happy situation with that of
the neighbouring states would no longer strike them so forcibly.

C hap,
x

a i ad
106

248

provincial parliament, intituled, An act for the erection
a common gaol in each of the districts of Quebee ap
Montreal respectively ; and the means for defraying the
expenses thereof,” We have conceived it incumbent upon
us, humbly to submit to his Majesty, the motives whi:

in the mean time.-~The act in question facilitates this advances

stich a manner, as to take away fromthe merchant every r

subjeet of complaint.

‘It has been objected that the merchants labour under mo
disadvantageous circumstances in this country than else-where o;
weount of the duties, because they cannot re-export their con
modities from hence to other markets. ‘This circumstance, in lieu o!
being a Cisadvantage to them, appears in their favour, for it gi
them the power of regulating the commerce of the country, ai
mak ing the consumer pay the duty

‘If merehants imported goods to this country to re-export then
to other markets where they would experience a competition w;
foreign merchants, Who are not liable to pay the same duties, they
would then be exposed to lose those they would have paid in th
country: but as they can meet with no competition here but fron
traders, who pay the like duties as themselves, they are certain, by
importing 10 more commodities, than the country can consume, of
not paying the duty ; and if they import too great a quantity, t
ev i is not to be imputed to the dhitie 8 but to their own imprudenc:

‘The project ofa land tax for building prisons, originated with |
representatives of Montreal, at which place the company of mereha
reside, who carry on the fur trade in the Indian countries to th
north west. If ina certain sense it is true that these merchants
the impost upon the eflects which they re-export to these county:
it is because using the power they hold of getting the highest
possible price in a place where they meet with no competitors,
canno! ade d the amount of duty ‘so paid by them.

The assembly respect this trade, however contrary it may be
the population of the country, and to the advancement of its Agr
eulture, on account of the benefits supposed to arise from it to the
empire in general; but did not conceive it necessary wholly t
sac rific eto that tr: de the nah interests of the country, partic ul
those of its population and agriculture, which holds forth 1
certain grounds for its commerce and defence than the fur trad

‘ Much has been said about the prisons being local objects ;
that on that account they should not be provided for by a gen

post. ‘This objection was only a pretext for obtaining a land

iich according to the ideas of the Montreal me chants, was
only one that could be put in practice in each separate district.

ssembly would not have imposed the impost being put upon th

trade of each partic ular district, if the merchants had preferred i
but it was found that their opposition was not the less against
tax upon cornmerce in either shape as their view was to get it pu

upon the lands. No just reason could operate for the tax being put

ta
hy

249

erection
Wuebec ai
fraying the
imbent upon
ives wisi

induced the assembly Lo adopt the mode of taxation CON= Chay 1 |
tained in the said act, and to expose to his Majesty by X. ‘|
humble address and petition out prayers, that he mays '
raciously be pleased to accept the supply offered to hin (8
hy that act and not give thereto his royal disallowance.

‘The attention of your honour to the interests of the |
empire and of this col NV, and your 100d will towards us |

iis advances

ue every re give us reason to hope you will acquiese ir our present y
» under 3 request, that you will be pleased to transmit to the foot of { i
else-where | the throne, an humble petition to his Majesty and the i
rt their con . inemorial, containing the motives which induced the

sgl heals ieee issembly to prefer, to aland tax, the mode of taxation ie
country, “) adopted in the aforesaid act.’ |
re-export th To this Mr. Dunn answered :— t
mpetition \ ‘¢ Gentlemen,—Not having until this moment, had com- {| iI
ne duties, the Midd
ve paid in th munication of your hamb le memorial, address, and petition lf
here but fro io his Hhesty, I can only say, that you may depend on my i}
are certain, b) transmitting them by tho first o portunity, to his Majesty’s

e aaatity. secretary of state, for the purpose of their being laid at Wl
eer the foot of the throne, unless on a deliberate perusal
inated wit! thereof, an par should appear to be exceptionable,

y of mere
ountries [o
merchants pas
hese count!
ing the highest
mpetitors,

. A P ‘ i
which case I s hi hall acquaint you therewith by message, on |
Monday next.’

This gave some umbrage to the assembly,
which, from an oversight probably, had omitted

ry it may be Fa % | |
nt of its Agr upon each separate district, for the district of Three Rivers wi 5 |
from it to t! ready provided with a prison which it had not separately paid, and
sary Wholly t the distriets of Quebee and Montreal, having the ame need of ih

prisons, the mode resorted to appeared to be the fairest
Besides, such a separation did not appear more necessary for the

building of prisons than the erection of court houses and othe

xpenditures attending the administration of justice ‘in these districts
ia proc! that the same strictness relating to loeal objects is not

ry, particu!
ls forth

e fur trad
cal i sae ‘

he bY a ge ‘he

ling a land vays attended to, the provinee is daily in ‘urrnag expenses fOr

ants, Was ters which if scrutinized with an equal jealously, would appear j
’ , . {

b district. i nuch of a local nature as the prisons ; suem tor exanip le as the

g put upon the expenses voted for the road of communication w ‘ith Upper Canada :
ad preferred | and the improvement of the rapids in the falls of Saint Lie WIS, hich

less avast particularly tend to the advantage of the yitveal trade, and ¢} :
s to get esult, whereot will increase that opulence wiich already suggests

» tax being pu to it, ideas of a separation im regard to taxes

X.

Chap. previously to communicate a copy of the ad-

] 806.

150

a to the president, who i himseli

ntitled to a communication of its contents,
bel ore pledging himself to its sansnitt ul, and it
accordingly resolved itself into a committe
to take into consideration, the president’s an-
swer. Some debates arose, but the house
adjourning for want of a quorum, the matte:
was not resumed. ‘The act was not casanowed
by the king, and the gaols at Quebec an
Montreal were consequently built by means o!
the duties imposed by it on the trade, and
which, affording a considerable revenue, were
afterwards continued and made _ available
towards the defence of the province, during
the war with the United States

The president prorogued the session on the
19th of April, with some expressions of dissa-
tisfaction that the necessary business” of it
had not been completed, which he was “ o!

epinion would have been the case had not CO
so many members declined giving their custo W
mary attendance. But,’ added he.—* was fire
| lament with reason, a want of zeal on as
their parts, for the public service, my bes fal
thanks are due to you, gentlemen, for the read) as

attention you have paid to those objects which,

at the opening of the session, 1 recommende

to your notic é.
The accounts of the previous year, (1805, u

laid before the assembly this session, shewe: e}

a revenue of £47,153, currency. The civil |

xpenditure of the year came to £35,46)

the ad-
1 himsell

contents,

‘tal, and it
ommittee
lent’s an-

he house

ne matte:
isallowed
lebec and
means o}
‘ade, and
ue, were
available
e, during

on on the
, of dissa i-
wes
was * oO]
had not
“ir custo-
whilst
zeal on
my best
the read)
ts wnich,
nmend

(1805,

shew ¢)(

25

ri

sterling, including £2,000 to general Prescott, cha

(absent) and £3,406 to Sir Robert Shore

Milnes. To this is to be added the sum of yxy,

‘SOD,

£2,604, currency, for salaries to the officers of
the legislature, which still exceeded by £869,
ie revenues appropriated for defraying them.

During the summer, 191 vessels, chiefly
juare- rigged, measuring per register 33,474
ions, from parts be yond s sea, entered at the
custom-house, Quebec. Exclusive of these, a
oreat number of coasters were continually
employed between Quebec and the bays ot
Chaleurs and Gaspé, coast of Labrador, the
king’s and other posts within the gulf and river
St. Lawrence. Ship-building also, to a consi-
derable extent, was now carried on at Quebec.

The first number of “ Le Canadien,” a
newspaper, entirely in french, issued in Novem-
ber of the present year, in Quebec, from a
small press procured for the purpose by the
contributions of several canadian gentlemen,
with the professed intention of vindicating the
french canadian oe meaea aspersed,
as they deemed it, by a press of the other lan-
guage, in Quebec, and to repel the constant
assaults from it, of which they believed they
had cause to complain; and to instruc t their
‘ompatriots in their duties and rights as british
subjects under the consiitution ; in iiiedeoelven
ust and dotreendabl purposes. But it far
exceeded th se, by constantly appealing to
national prejudices -subversive of the harmony

'
;

} 7 ea } +t, } In « . ’ } ! PTA } "
Wwech un qT Like had prevahliea bi iween the

\.

2h

Chap, (WO races, and with it commenced the reign
‘. goltation and discord which afterwards unhaj

1

pily distracted the province. It was from tl

= ; wt) . . - a apne « die “~ ~
outset, antl-execulive In politics, antl-comme)
cial in its doctrines, and, indeed, anti-british in

spirit, treating as anti-canadian every thing
ye ae er coo 8
7; british in the colony. and the briti

nda pe UiatiOn as . CLrTaneZers el IntrvruUs,

~

on

—

nm a
mw

—

—— a

i

he time, by the executi
) Into * resp

ment,” assuredly altogether ‘rreconcileab'

yonsivle Zove}

with ¢ nelish notions, ancient or mode d Q
' sa bet. | ° _— af r
of civil liberty and the freedom of | "
press "
i i i
) Vhouch somewhat before the time, it may not be out of plac U
relate here an aneedote in relation to that paper, both as explanat S
of the motives for its establishment, from one of the concerned ’
characteristic of this frank old soldier, but rather -perempt :
a |. ivil governor, which the reader may digest until we, introduc
» the stern \ LCETOY in person. :
in consequence of perquisitions by the executive. some eight nq
wenty months after the establishment of ‘ Le Canadien,’’ as
proprietors or persons upholding the press Whence it issued, it
weertained that among them, Mr. Planté, a notary of respectabili e
at Quebec, holding the official situations of “ clerk of the te :
und “inspector gene ral of the kine’s domain,’? was one. This ge
{ Man was accordingly dismis sans ceremonie, from his offices
{ in a remonstrance to the govern ’s secreti ry, req esti if an a
ence of his exeellency on the occasion, he statedin a letter, v
french, which, for the convenience of the english reader, i
translated, that-— The paper’? (Le Canadien,) ‘ to which you:
fa was established in consequence of the calurnnies and injuries he

another paper habitual!y, upon the assembly and principally

le reign

Mr. Dunn being still unrelieved of the govern- Chay |
y "4 ;
it, met the leg rislature on the 21st Js anuary, * i.

i807. He observed to them that the act con- jg97

rds unh
is from 1]

I-comme}

having enjoined ‘the annual meetin g of the legis-
lature, 1t had again become his duty, o wing te
bsence of the governor tag! 7 ute nant |

hem together, | he felt li

' i

MIMnue

very (nino lal
mmigra

pa
a if
aA LAN t
% yr ry
\ y yy
\ hi tat

ne seque nine 4 P ; |’
wh reeling’ Tnose Wu puUulatiol io be unmerited, favore
and in j tablishment of this paper, to have the means of defending my cha-
na h eter, and that of many others who were assailed I never have
Bay >! 5
ea “a 7 been the readacteur of it, nol _,meddled with itin any way.. I have F
i
CXeCcutl agisappror d highly alia still isapprove Many arti cles published in iT
- 4 | 4 ra} Ht
onecerning the government, hit I am not more than you, sir, the i
eC OV | Pe , , ; ]
~ yV master to pre vent their puptication. If I were, you should never \e

save seen them.’?? This letter was followed un twe oF Grau dae i
’ ey f j
uterwards, bya ceposition on i of the editor, that during his

‘oncileal
mode

ditorship, 7e. from the beginning of ae i807, to March, i

) of ‘ 1808. Mr. P had no part in its direc ctio nor written any thing tha if
had appeared in 1t against the idministration of the government. il

Whether Mr. Planté was admitted to the audience he requested {

loes not appear, though itis probabie he was; but the following is
the answer given him on the oecasion, b comma nd of the governor,
Sir James Henry Craig, whose autograph on the subjeet is. still
xtant :— Mr. Planté to be told that |

out or plat
4

as explanat

concerned

have in no respect altered my

ypinion relative to his conduct towards his Maiesty y’s government

His duty asa servant of the crown should have led him to take effec-

2 nat innit

on measures to prevent the pOssLb lity of the { iblication in question

me eigt having the sanction of his name. The very circumstance which he
di n 4 Tae ot his har ms ‘pressed nus aise} probation of the pub icatior
anes it has appeared of late roves his intimacy with those who did

? '
ana a

eh ae 8 di€

VTILIngs

Chap. hitherto exerted with such good effect, for pro

_moting to the utmost, the welfare of the
1s07, province.

‘That their experience of the utility of the
several temporary acts in force, rendered it
unnecessary for him particularly to recommend
the renewal of them, and that he was sensib|
it would be doing them injustice were he not
to rely on their adopting, with zeal and unani
mity, such other measures of a_ legislativ
nature, as the public interests might require.

He was particularly happy in having occa-
sion again, to congratulate them on the brilliant
success of his Majesty’s arms. ‘The conquest
of the Cape of Good Hope, so highly advanta
geous to the interests of the british empire in
the East Indies, and the repeated victories
gained by a small number of british forces,
under the command af John Stuart, in
Calabria, were among ice most important events
of the iast ‘:velve months, he in proportion as
they contribuied to the splendor and stability
of the british empire, they would, under th
blessing of divine providence, tend to secur:
to this part of his Majesty’s dominions, the
solid advantages of freedom and trenGunly.

The assembly heartily responded to the vene
rable and respected president : -—* It is highly

flattering to us,”—said they—“ that this meet
ing of the legislature, enjoined by our invalua
ble constitution, and in the absence of th

vernor and lieutenant governor, should tak

during your honor’s

presidency, sin:

fy ing a

charact

synothe!
dering
which
amongs

ofte red
Dunn,
the cot
cantile
ithe pre

of thos
best of
them.
“the u
y our h
and we
regret y
confider
An €
obtainin
penses
reside a
subject
poneme
ration tl
gent, 1
of

&

TatN 2
J ISO

Ince,

end
sibli
‘not
ani
ativi
e@.
CCa-
liant

ues t

Vata

‘e In
rie S

snother opportunity is thereby afforded, of ren- Chap

dering to your honor that tribute of gratitude

ey te

whic h your conduct, during sO long a residence 97

amongst us, so justly merits.’ A more grati-

fying aiid disinterested encomium could not be

sffered, bes speaking alike the worth of Mr.
Dunn, an english gentleman who had come to
the country, shortly alter the conquest, in mer-
cantile pursuits, and resided in it from that to
ihe present time, and the just appreciation of
oe ter and friendly disposition, on the part
those with whom he had thus lived on the
pth of terms, equally creditable to him and to
them. * Having experienced,”—they added-—
“ the utility of the temporary laws now in force,
your honor may rely on their being rcuewed,
and we hope that you will have no cause t
regret your public and honorable testimony o!
confidence in our legislative proceedings. ”

An effort was this session made towards
obtaining “ an allowance for defraying ‘ne ex-
penses of the members of the assembl ale
reside at a distance from ( uebec,” but ‘|
subject was disposed of (16 to 14 .) by a pos
ponement. The house also took into conside-
ration the expediency of having an authorized

gent, resident in Great liritain, for the pur-
ose of attending to the interests of the pro-
ince, when occasion should require, ‘and

d that it would.be highly advantage

- * " De . oth . 3 ;
have such, legally authorized and

256

dying in the courss
electio

Three Rivers,
sion, a writ had issued for the

the town of
of this ses

oy OL amember to succeed him, and Mr. Ezekie!

Hart, a merchant and old and respectable inha
bitantof the town was duly returned, but th:
return not being made until the last day of th:
oe he did not appear to take his seat, befor
e beginning of the next session.
aa ei high ly esteemed by his neighbours an
his fellow- townsmen, asa man of reproach

less life and upright character; but the good

christians of the assembly, nevertheless, too!
exception at his religion, as will be seen in th
tollowing chapter

he assembly continued the alien act, and

the act for the better preservation of his Ma

jesty’s government for another year, and pass
aiso a variety of others unnecessary to be

4

detailed. ‘The business of the session havin
been diligently followed up and brought to as
favorable a close as could have been “desired,
the president prorogued it on the 16th April
warmly thanking the members for their zealou
: attenti on to the de »spatch of the public busines:

feel it in a particula uw manner incumbent On
that a

me to remark,’—said his honour,—*
more laudable spirit has never been manifeste:
since the
ROxernenent, than that which I had
high satisfaction to observe in the bringin
forward the princips yt acts of this se 35100 ‘

i consider this as an indubitable proof of as
levotion to the best

have

: ws : a4 ‘¢ ¥ }
of sovereigns, at

Mr. Hart was

establishment of our present form o!

just se
invalu:
Du
appreh
whose
two gre
of host
vated |
Chesar
by capt
his sup
Halifax
known
by her
fired uy
for t
taken fr
six and
by the a
crew in
This s
bours, 7
a matter
quently
particule
presider
a counte
Canada,
towards
order, ‘g
( the ‘a
the prov
readi

Cours
electio!
Ezeki

ble inha
but the
y of th
at, befor
Hart was
urs an
eproach
he goo

aay |

n havin
cht to a:
"desir ed
h April
zeal
yusInes
nbent (
“ that

just sense ot the bless 7S Tesulitine trom t ‘I 1]
invaluable constitution.” _ | :
During this summer there wi |
ipprehensic ns of awar with the U |
whose inter¢ ts wer sufterine bety |
two greai be lig rents 0 Murope. ‘J |
of hostility throughout the republic, was acera
vated by the affait between the Leopard and
Unesapeake, } in which the forme , command
by captain Humphreys, pursuant to orde y}
his superior officer, admiral Berk on the
Halifax station, to recover certain deserters |

“nown to be on board the latter. thou Hed
°3 her commander, commodore Barron. had 4):

i
}
aken | rom | |
91x and wounding twenty-one, as it was said
by the american accounts, of the Chesapeake’s
crew in the enfor rcement of her orders.

Le a ry
il} nes

‘ into Canada
a matter desired by the inhabitants. and cons |

4 5 4 uA XY
quently of easy and welcome accomplishment

pa rtic ularly to the - natives, it was deemed by the
president, Mr. Dunn,

counter demcnstrati
anada, on the sa:

AB 8 ie NE

258

(chia y ry . rr) rg “+
.° found expedient—The command was no sooner
~ given than accomplished. Never was orde:
1307, obeye d with more cheerfulness, alacrity, and
patriotism than it, by all classes of his Maj ies
ty’s subjects, and not to obedience merely, but
to emulation. The roman catholic bishop,
monseigneur Pléssis, issued a mandement or
pastoral letter, on the occasion, which was read
in all the churches of his diocese, and a be
deum sung in each throughout Lower Canada.’
The following is the general order issued, after the ballot, on the
CASION
“ Casrie oF Sr. Lewis, Quebec, 9th Sept., 1807
The piesident and commander in chief of the province having
received the returns of the militia who have been commanded, unde;
the general order of the 20th August, to hold themselves in readines
for actual serviee ; having also received from the commanding office!
of battalions in the districts of Quebec, Montreal and Three Rivers
letailed report of the spirit and cisposition manifested by their any ¢
tive corps, feels it ine umbent on him, inthe most public manner, |
express his perfect approbation of the conduct of the whole of ‘the ay

militia on the present occasion ; with the exception only of some few Ad
individuals, who, by their ill-eonduct, have rendered themselves con

AY te mptible in the opinion of their fellow subjects. sa
bey: The president also feels himself justified in asserting that a mor :
ardent devotion to his Majesty’s person and government, has neve
een Witnessed in any part of the british dominions; and it is partien. - rn
larly to be remarked, that the idea of defending their own families
and their own property, has appeared in manner to have been absorb
1in the minds of all descriptions of persons in this province, by th at
nore general sentiment of coming forward in the cause of a jantiy ul
| loved sovereign, and in support of a form of government, which ha:
i been proved by experience to be the best calc ulated for promoting th "
i happiness and securing the liberties of mankind. és
ie The adjutant general has itin eommand, to make known to the ;
Bet fiicers, non-commissioned officers and privates of the militia, the pre .
Bt Te sident’s warmest approbation of their conduct; and for this purpos
ey he will transmit a copy of the present general order to the several com
rea} nanding officers, who will cause the same to be pub iecly read to thet
bight espective corp Phey will, at the same time, make known to then
aa that the president will avail himself of the earliest opportunity
a transmit an account of their conduct to the secre tary of state, for t} ey
nformation of their most gracious sovereign, as ring them 1 moreove

{ he will « nsit rit 4 ¢ nignest nap} 1e8s nis lite LAU

» soone:
S orde)
ity, and
Majes
ely, but
bishop,
nent or;
yas read
nd a te
anada

‘lot, On the

it., TROT
ice havin
ded, under
nh re adine
ing office)
e Rivers
lelr respec
nanner, |
ole of the
some few
elves con

hat a mor
has neve)
is particu-
n families
bn absor}-
ce, by the
a just);
which ha
noting th

wn to the
, the pre
S purpose
eral com
d to thet
1 to then

tunity

e, fort!

moreove

B59

The Quebec Mercury observes :—

‘* The first draught was, in consequence, made, on the
Keplanade, from the first battalion, of the canadian militia,
on Tues lay, (25th August,) from the second battalion on
Friday, and from the british battalion, by ballot, yesterday.
We should be wanting in justice to our compatriots did we
say less than that, never, on a similar occasion, could there
be manifested more cheerfulness, alacrity and zeal, than
were shewn on these occasions, as well by the canadians as
by the british, Numbers volunteered their services, ‘The
irtillery company, the twe flank companies, and captain
Burns’s battalion company, who are the strongest and best
lisciplined of the british, have, to a man, formally tendered
their services. Sums of money were offered by individuals,
for prize-tickets, for sucli the tickets were called which,
in balloting, were for service. Some young bachelors pro-

ured prize-tickets from the married men, who had drawn

tor service ; but the greater part of the latter insisted on
keeping their tickets, notwithstanding that offers of exchange
were made to them by other bachelors.

‘* Too much praise cannot be given to the animating lan-
guage of the field-oflicers and others, in their speeches,
iddresséd to the different battalions and companies, on the
occasion. The whole has been attended with much festi-

ity and hilarity.

‘ We hear that equal cheerfulness and ardour have ma-
nifested themselves in the different country parishes,

‘“ With such aspirit among us, what have we to fear ?
surely not the windy resolves or inflammatory paragraphs of
undisciplined democrats, where there 1s not sufficient energy

such an opportunity of doing justice to the zeal, loyalty and publi

spivit of his Majesty’s subjects in this province

red ‘ rv ‘ SY TAR
(Signed) ? THOS DU ININ
» war 7 1 agyry ‘ {or yr } ’
*e rresident and commande! I j |
e Ale hawrvete ynmanae
y Os honors command

1} tA ) 2 : _
merman WwW, Ryland MeCTetal

? . Very DD a >
O colonel DABY,

5" j 1 ¢ . a} 7 } L ! o¢ ct | xT ¢ ‘
¢ Adjutant general of the miliua of Lower Canad;

et ee

i807

OHV

inthe governing powers, to produce anything like subor
3

nation of regulat pedh nee to command

lhe gallant colonel Brock, who then
senior military officer commanded at Quel

. ] ” 4] hy ve i ? ' i ‘
secon ding with characteris industry
eas Sel , ! ° be
hel ea y the ie SiC Il, LIS MamMeaately
; A
work ao pul Ine garrison v8 riuieallons
ba {" a: A de anon +" , .
state Of aerence, to inspire \ ith contide
} 7a ht | nallan 1 in to char mn 1
LOOSE who Ny) iI 4 EC Calli€aG UPoNn TO snare in tn

} ° . ’ -
honor of defen ling it, making every addition te
its natural strength, that science, judg rment and
prudence could suggest.

> !
1 i

The revenues of the las t year, (1806) by th
accounts rendered this session, amounted {
£36,417, currency, and the civil expenditure t
£36,213, ste rling, including £2,001 ) to general
Prescott, as governor in chief, and £1,500 t
Sir Robert Shore Milnes, the lieu tenant gover
nor, both absent; Mr. Dunn, receiving accord
ing to those accounts, only his 6750, as one o!
the judges of the court of king’s bench for
Quebec, although not acting in that capacity
while president, and £100 more as executive
councillor. He, however, on being relieved
of the government by Sir James Henry Craig, |
as governor in chief, retired with a pension of
£500, sterling, a year, being also allowed at th
rate of £1,500 a year, as president and admi-
nistrator of the gove rnment, f for the time he had
served as such, in addition to his salary as judg:
The subjoined article, from “ The Quebe
Mere ury ” of 1806, may be interesting to the
descendants of the families mentioned in it, and

mech for
pacity,
ecuti
lieved
Craj
JtTal’,
S100 ol
at the

the prodt

1 1 . 4 ? ]
the governor and coune!!, 1 aut ticity of whose local

information is beyond all questiun. j

AT ! 4
NAMES ol the roots ol} 1 le | ies in VCanaaue ( ties oO whict

are unquest Ona

remal ied In the provin Shi the conquest, VIZ t— i

’ 1 CY 1 ae F ;
Families whose Fnoovuly are enreeisie ees
Baron de Longueuil, title era lin 1700 j

Hertel,

Boucher.

Louis Couillard De Beaumont, {
4 {
Aubert De La Chesnay,
Juchereau |

—

7" .
amules

Xavier De

De Laney,

De Normanvills Came out in the regiment of
Duverg | nan.” |
Denoyell ¢ Lhe regiment ot Cat mobi

Sabrevois De bier | t hat arrived Va

Denys De la ( ( r it ( {

De Richarvill |

De A |

Viontigny

16

14

1.25

IMAGE EVALUATION
TEST TARGET (MT-3)

STREE
R,N.Y. 14580
6) 872-4503

(71

23 WEST MAIN STREET
WEBSTE

ciences

Photographic
Corporation

Chap.
X.
tl Me od

1307,

262

Daille bout,

De Li Corne,

De Beaujeu,

St. Ours De Déchallion,
De Varennes, Officers in the colonial

Chabert de Jonquiéves, corps.

Desbergers De Rigauville,

De La Valtrie,

De Ganne,

Picoté De Belestre,

Chaussegros De Léry, Engineer in do.

De Bonne, Officer in the colonial service:
De Vassal, Osicer in the queen’s regiment.
De Salaberry, Captain in the royal navy.

—

Families whose ancestors were councillors in the superior council

established in 1668, by act of the parliament of Paris, the pro-
misions of which are enregistered :— .
Damour Duchaufour, in 1663, first uncillor.

Villeray,

Lépinay, in 1670.

La Durantaye,

Chartier De Lotbiniére, 1680, first councillor,
Hazeur Delorme, 1700,

Guiltemin, 1715,

De ia Fontaine, 1730,

Taschereau, 1732.

Godefroi De Tonnancour held the title of esquire, by the king’s

eommussion of lieutenant-general of the district of Three Rivers.”

al service:
s regiment.
[ navy.

ior council
, the pro-

the king’s
ivers.”’

CHAPTER XI.

Arrival of Sir James Henry Craig—assumes the government

—his militia general order—convokes the legislature —
speech—eligibility of judges to parliament considered — bill
disqualifying them passed by the assembly—rejected in
the legislative council—seat of Mr. Hart vacated by a
resolution of the assembly—various proceedings of the
session—speech and prorogation—revenues and civil
expenditure of 1807—-general election— sundries—new
parliament meets—-Mr. Panet again speaker— topics of
the speech—the eligibility of judges again considered—
Mr. Hart re-expelled—prorogation and dissolution—-
governor’s speech—he makes a tour of the province—
first steamer in the St. Lawrence—arrivi'!s from sea at
Quebec—revenues and expenses of 1SOS—Sir Francis
N. Burton, lieutenant governor, vice Sir R. S. Milnes.

We are now, as the reader will soon perceive, Chap.
entering upon more interesting times than we
have yet met with in the history of Lower jg07.
Canada. Lieutenant general Sir James Henry
Craig, the new governor in chief, arrived in
rather ill health at Quebec, on the 18th Octo-
ber, 1807, in the Horatio frigate, and on the
24th of the same, relieved Mr. Dunn of the
government. ‘The United States were at that
period, as previously mentioned, breathing a
hostile spirit against Great Britain, and fierce
for war, and it probably was in anticipation of
a brush with them that this distinguished officer
was sent to their neighbourhood, where it was

re ce albinism ae i etter tint

264

Chap, NOt unlikely there soon would be business in
Xl. his line. He, however, did not deem it neces-
vay sary to organize the militia, nor make any
demonstrations of defence, there being no hos-
tile movements in the neighbouring republic to
create apprehension in his mind, of an imme-

were universally under the delusion that a
declaration of war on the ‘part of that govern-
ment, would be hailed in Canada, particularly
by the population of french origin in it, as the
harbinger of its emancipation from british
bondage, and that if they did not actually rise
en masse to welcome and aid their deliverers,
they would certamly allow themselves to fall
an easy conquest to the arms of the Union,
and that the americans had only to walk in and
take possession—Never were they more in
error. But the british government entertained
very different sentiments of the feelings and
loyalty of its canadian subjects of all origins,
to whom, confiding in their loyalty it did ample
justice, as the militia general order (below,*)

*« GQ.” “ Castue oF St. Lewis,

‘¢ Quebec, 24th November, 1807.

‘« Among the earliest objects relating to the government committed
to his charge, that attracted the attention of his excellency the eap-
tain general and governor in chief, on his arrival here, it was with
singular satisfaction that he received the reports of the. state and con-
dition of the militia of the province, of the steps that had been taken
with regard to it, andof the uniform sentiments of attachment to his
Majesty’s person and government, of zeal for his service, and of rea-
diness to stand forward in defence of the colony, that had so univer-
sally shewn themselves, among all ranks, on the occasion. Thes
sentiments, as they reflect honor on the brave inhabitants of the pyro-

diate rupture. The people of the United States’

vince, have been properly noticed and acknowledged by the honorable
the president, who was at the time in the administration of the

isiness In
‘it neces-
ake any
¢ no hos-
public to
an imme-.
ed States
yn that a
it govern-
articularly
it, as the
n british
tually rise
leliverers,
es to fall
he Union,
alk in and
more im
ntertained
lings and
ll origins,
did ample
(below,”*)

’

mber, 1807.
rent committed
llency the cap-
b, it was with
h state and con-
had been taken
achment to his
ice, and of rea-
had so univer-
casion. Thes
ants of the pro-

‘ the honorable
istration of the

265

issued by Sir James Henry Craig, shortly after Chap.

his arrival evinces.

i tl

government, by his order of 9th September ; and they will now have
the further satisfaction of knowing, that he has not failed in doing
them the justice, of impressing upon the mind of the governor general,
that favourable opinion of them, to which their conduct has given
them so good a claim.

‘* Among the particulars of the several reports of the inspections
that have been laid before him, it was with much concern, that the
governor found his notice drawn to a very gross instance of misbeha-
viour and insubordination, in the parish of ’Assomption, in the dis-
trict of Montreal, Upon enquiry, he learnt, however, that this outrage,
as subversive of all discipline, as of the public peace, had been imme-
diately suppressed, and that the persons concerned, having been
brought to trial before the courts at Montreal, were now suffering the

unishment due to their demerits, under a sentence of twelve months
imprisonment each, in addition to the several fines of ten and five
pounds, in proportion to the degrees of their respective criminality.

‘“« Brought to a sense of their misconduct, and under every impres-
sion of contrition for their past errors, and of the obligation of atone-
ment by their future behaviour, these culprits have now thrown them-
selves upon the lenity of his Majesty’s government, and implore that
ery which they know is so liberally extended, where the object
can shew a claim to it.

‘“ Their petition to this effect, backed by the recommendation of
the majority of the judges before whom they were tried, aad who cer-
tify as to their present appearance of repentance, and by the colonel
of the district to which they belong, who urges the sufferings of their
numerous families, has been presented to the governor, and his excel-
lency having taken it into consideration, has thought himself permit-
ted, in this instance, to overlook the faults of a few where they are so
amply covered by the general merit, and he has accordingly directed,
his Majesty’s pardon to be made out for the persons in question.

“ In making known this instance of the forbearance and lenity of
his Majesty’s government, his excellency has in view, a more particu-
lar communication of his sentiments with respect td the militia estab-
lishment of the province, and of the expediency he feels, that it be
kept up, with every possible attention to its organization, and the best
degree of discipline, of which it is susceptible, Every one must be
sensible, that upon these, must depend its efficiency in resisting the
hostile attacks of an enemy, and wien one must feel a pride, in owing
to himself alone, his own safety, and the protection of his wife, his
children, and bis property. That this laudable spirit pervades through
the inhabitants of Canada, their exulting acclamations when lately
called upon, has loudly proclaimed,; and his excellency has no doubt
that an invading enemy, if such should present himself, will find it
verified to his cost: they will fly with alacrity to the depéts of arms,
that are arranging for their use; and they will employ them with a
courage, becoming the cause in which they will be engaged.

Z

.
’

1807.

Chap.

ed

1808.

He assembled the legislature on the 29th
January, 1808, going down in great state to
open it, and cheered by the assembled crowd.
The speech embraced nothing remarkable,
but, nevertheless, may be interesting

** Gentlemen of the legislative council, an gentlemen of
the house of assembly,--Having been honored by his Ma-

‘« His excellency has the most perfect confidence, that the laws ot
the country, willatall times meet the most ready submission. The
wisdom of the legistature has pointed out the duties of the militia, “and
if any thing further is found wanting, to give it all the energy, and arra}
itin the best form, of which it is capable, it will be vans for in the

same source. In the mean time, the brave canadians of every éescrip-
tion, will rest in tranquil reliance on their prudence, and on the vigi-
lance and care of the executive part of the government.

‘ But his excelleney the governor, further thinks it right, to embrac:
this opportunity, of earnestly exhorting the inhabitants in general, to
be on their guard against the treacherous arts, and .nsidious language
of emissaries who will doubtless be employed to seduce them from
their duty. That such will be dispersed among them, there is little
doubt. But they will have little weight among a contented and happy
people, who feel every moment of their lives, the protection and bless-
ings that they enjoy, under the british government. They will spyrn
with contempt, and abhorrence, at the traitors, who would lead them
to swerve from the sentiments of honor and duty, which now actuate
them in their attachment to their king ; and they will only feel more
determined in their resolution, to shed the last drop of their blood, in
defence of his government, and in the protection of their wives, their
children and their property.

‘‘ Tn order, however, the more effectually to prevent the bad effects,
that might possibly attend the efforts of these people, among the young
and ignorant, who are always credulous from inexperience, and fre-
quently misled because unsuspicious of the design with which they are
addressed, his excellency the governor earnestly recommends and cor-
mands, that all well disposed militia men inthe province, do carefully
watch over the conduct and language of such strangers as may come
among them,’ and that wherever these are of a nature to carry with
them a well grounded suspicion of any evil intentions, they do immedi-
ately a pprehend, and carry them before the nearest magistrate, 07
militia officer, in order that they may be dealt with according to law

‘« The portion of the militia, amounting to one-fifth, directed to be
ballotted for, by his honor the president, is to continue to hold itself in
readiness, to assemble, on the shortest notice.

* J, H. CRAIG, Governor.
‘« By his excellency’s command,
Herman W. Ryzanp, Secretary.
‘« To colonel Bany, adjutant-general
of the militia of Lower Canada’

267 |

cit

5 jesty’ § appointment, to the government in chief of the british Ey, 14

the 29th provinces in America, I have lost no time, proceeding XI. ti
it state to hither, to take upon me the arduous and important charge, =~ AR

ed crowd. which his Majesty has thus been pleased to commit to me, 180 i;

markable. It would have been highly gratifying to me, if upon this | |

a

gentlemen of
| by his Ma-

hat the laws o!
mmission, The
he militia, and
ergy, and arras
oug it for in the
f every deserip-
and on the vig)-

ght, to embrac:

ts in general, to
dious languag*

uce them from
1, there is little

nted and happy
ction and bless-
Chey will spyrn
pte, i lead them
ch now actuate
1 only feel more
‘their blood, in
heir wives, their

the bad effects,
mong the young
rience, and fre-
which they are
mends and com-
ve, do carefully
rs as may come
e to carry with
hey do immmedi-
magistrate, 01
reording to law

to hold itself in

x, Governor.

h, directed to be

occasion, I could have been the bearer of any well ground-
ed expectation of the restoration of that peace, which, as
the surest foundation of the welfare and happiness of his
people, is the constant object of his Majesty’s endeavours ;
but while an implacable enemy is exerting every resource
of a power, hitherto unexampied in the world, and which is
controuled by no principle of justice or humanity, in attempt-
ing our ruin, while that enemy, under the irritation of a dis-
appointed ambition, which, boundless in its extent, aims at
no less than the. subjugation of the world, regards with a
malignant inveteracy, which he does not ‘attempt to con-
ceal, the now only nation in Europe, which, by the wis-
dom of its government, the resources of its wealth, and the
energy, virtue, and public spirit of its people, has been able
to resist him. It must be, with cautious diffidence, anda
reliance only on the blessings of divine providence, that we
can look forward to the wished for cessation of the incen-
veniences of war.

“‘ The capture of the capital of the danish dominions, and
the consequent possession of the entire fleet, with the whole
of the naval arsenals of that power, are events, on which 1
have very cordially to congratulate you. The acquisition tu
us, would be of little advantage, were it not for the ten-fold
greater benefit, which arises, from the having diverted these
powerful resources, from the object to which they were
to have been directed. Attempts have been made, by
the enemies of his Majesty, to cast an imputation on the
morality of this measure, but the declaration which his Ma-
jesty has been pleased to make, of the motives which have
imperiously led to it, must have convinced every mind, not
obstinately biassed by an inveterate prejudice, that it was
founded upon the strictest grounds of self-defence, and upon
the true principles of the law of nations, Britain stil] stands,
proudly pre-eminent, in her love of justice, and her sacred
regard for the rights of other nations.

rennet meeanpe mites

ee
ene =

ee

———— ee
SPE SR EI SS TS” SF

268

Chap.. ‘ I have no doubt, that you will join with me, gentlemen,
Xi. in Jamenting the discussions that have arisen, between his
w~ Majesty's government, and thatof America. I have no
1808. information to convey to you, that might tend to throw any
light upon a subject, in which this colony must be so mate-
rially interested. Let us hope, that the moderation and wis-

dom of the government of the United States, will lead them

10 meet that of his Majesty, in its endeavors by an equitable
accommodation of differences to avert the calamities of war,

from two nations, who from habits of affinity, unity of lan.
guage, and the ties of common ancestry, seem destined by
Providence, for the enjoyment of the blessings of continued
peace, while the reciproval advantages of their commercial
intercourse, seem no less to point them out to each other, as

the objects of a mutual connection of amity and confidence,

* But while we indulge in the hope, we will not be de-
luded by it, into the neglect of any means, that may be
necessary, for our defence and safety ; and I place every
confidence in your ready co-operation, in any measure that
may be judged expedient, to add to the energies of govern-
ment, with this important view. The loyalty and affection
to his Majesty's government, so spiritedly manifested on the
occasion, by the militia of the province, who have stood
forward with a cheerfulness, not to be exceeded, demand
my warmest applause, and furnisiing us with the best ground
for hoping, that in the event of any attack on this province,
we shall derive from them, all the assistance, that can be
expected from a brave people, contending for every thing
that is dear to them. .

* Gentlemen of the assembly,~—I shall cause to be laid
before you statements of the provincial revenue of the
crown, and of the expenditure for the last twelve months.

*‘ Gentlemen of the legislative council, and gentlemen of
the house of assembly,--Though a portion of the militia
have been selected, and are directed to hold themselves in
readiness, to assemble at the shortest notice, yet I have not
thought it necessary to call them together ; a measure,which
no particular circumstance seemed immediately to call for,
and which would have been atten’ed with considerable
inconvenience to the province, while, from the season of the
year, it would not have been accompanied with the advan-

. 2 oe eee om tt mk

entlemen,
ween his
| have no
hrow any
3 80 mate-
. and wis-
lead them
1 equitable
jes of war,
nity of lan-
lestined by
continued
commercial
sh other, a8
confidence.
not be de-
at may be
lace every
neasure that
s of govern-
ind affection
ested on the
have stood
led, demand
best ground
his province,
that can be
every thing

e to be laid
nue of the
plve months.
ventlemen of
the militia
emselyes in
bt E have not
asure,which
iy to call for,
considerable
keason of the
the advan-

269

tages that might otherwise have been derived, from the @pap,
opportunity it would have afforded, of exercising and train- XI,

ing them. While adverting to the subject of the militia, itue—
may not perhaps be ine xpedient, that I should call to your 1808.

recollection, that one of the limits, by which the existence
of the militia law is bounded, I mean that of a fixed period,
is already expired, so that, it is now in force, only, so long
as the war continues. The very great inconvenience, that
might arise to the country, from the possible event of a sud-
den account of. a conclusion of peace, at the very moment
that there might exist a necessity of being prepared to resist
an expected attack from another quarter, will no doubt
point out to you the expediency of again fixing a determi-
nate period fcr the duration of this law.

“ Considering the erection of gaols for the cities of Que-
bec and Montreal, as objects of much importance to the
welfare of the province, I have lost no time in proceeding
to exercise the powers vested inthe governer for that pur-
pose, commissioners have been appointed to both places,and
as I found that the measure suffered considerable difficulty
and delay, in that which was proposed for Quebec, from
the circumstance of the old gaol being occupied by the mili-
tary, to whom it had been formerly given, in lieu of the
part of the barrack of the royal artillery, which is now used
as a prison, I have made an arrangement for their evacuat-
ing it, as soon as possible, although the troops are necessa-
rily put to considerable inconvenience, by doing so before
the barracks can be returned to them.

* T cannot conclude this address, without expressing the
high gratification | experience, at meeting you, in the exer-
cise of the noblest office to which the human mind can be
directed, that of legislating for a free people. I have the
utmost confidence, that in the discharge of this duty, while
on the one hard you carefully watch over the interests and
promote the welfare of the people, vou will, on the other,
be no less zealous, of the support of that government, from
the power and energy of which, alone, those interests can
derive a permanent security ; and I feel particular satisfac-
tion, in looking forward to the most perfect harmony and co-
operation between us, because [ persuade myself, that in
every act of my administration, you will find my conduct,

28

prema SE SE

pe ree a SSE

Chay,

270

directed upon the same principles, of zealous attachment to

‘ my sovereign and his government, and of a sincere regard to

iti al

1808

the happiness and prosperity of the people whom he has

‘ committed to my charge.”

The address in answer to this was every
thing that could be desired :—

* The applause with which your excellency has already
been pleased publicly to notice the loyalty and affection to
his Majesty’s government, of the militia of this province,
and reiterated on this occasion, insuch flattering terms,
demand our warmest acknowledgments. And we can
confidently assure your excellency, that, in the event of any
attack on this province, they will manifest the same spirit
of logalty, in affording all the assistance in its defence, that
can be expected from a brave people, duly sensible of the
blessings they enjoy, and contending for every thing that is
dear to them.

“ Duly appreciating the blessings of our admirable con-
stitution, and impressed with the most gratifying sentiments
of thus meeting your excellency in the noblest office to which
the humar mind can be directed, that of legislating for a
free people, your excellency may rely, that in the discharge
of this duty, they will, on the one hand, carefully watch
over the interests and promote the welfare of the people,
while on the other hand, we shall be no less zealous in the
support of that government under whose power and energy
alone, those interests can derive a permanent security.—
And, undera thorough conviction that your excellency's
administration will uniformly be directed upon the same
principles, it shall be our greatest solicitude to promote the
most perfect harmony and co-operation on our part, in every
measure, for the advancement of those important objeets so
peculiarly and deservedly dear to us.’’

The address being disposed of, the propriety
of allowing the judges of the court of king’s
bench to be elected and sit in the assembly,
was again considered. It was resolved (22 to 2)
by the house, “ that it is expedient to declare

chment to
e regard to
ym he has

aS every

has already
affection to
8 province,
ring terms,
id we can
vent of any
same spirit
fence, that
sible of the
thing that is

nirable con-
y sentiments
ice to which
slating for a
e discharge
fully watch
the people,
alous in the
and energy
security .-—
xcellency’s

the same
promote the
art, in every
t objects so

o declare

271

that the judges of the court of king’s bench Chap.
now established, the provincia judges of the ™!
districts of Three Rivers and Gaspé, and all jgos.
commissioned judges of any courts that may
hereafter be established in this province, are
incapable of being elected, or of sitting or vot-
ing in the house of assembly of any parliament
of this province.” A bill to render them ineli-
gible was accordingly passed and sent to the
legislative council, but by it rejected, to the
great displeasure of the lower house, and, |
indeed, to the dissatisfaction of the public i
generally, in whom the opinion that the judges MY
ought not to be mixed up in the political con- |
cerns of the country had taken root, and was nin
growing. Several were, in consequence of the 1)
failure of the bill above, for unseating the Bau |
judges at once, by a resolution, but the matter |
was allowed to remain over to the next session. Ba:
The return of Mr. Hart, for the town of Beni
Three Rivers, as mentioned in the preceding |
chapter, was also taken up, and less tolerant es
with respect to that gentleman than towards lal
the judges, probably because less to be feared, ie
his seat was vacated ; it being resolved (21 to nae
to 5,) * that Ezekiel Hart, esquire, professing Wit
the jewish religion, cannot take a seat, nor sit
nor vote in this house.” Mr. Hart’s constitu-
ency, with becoming spirit, reélected him.
Much of the session was taken up in the ie
discussion of these matters. A sum was voted
for repairs to the ancient castle of St. Lewis,
the official residence cf the governors of the

Chap. the province, which was falling into ruin. The
Xl. militia act was continued, as also the alien act.
tgox, ANd that for the better preservation of his

272

Majesty’s government—the two last for the
year only. A bill relating to the trial of con-
troverted elections was introduced and became
law, and on the whole several useful acts were
passed this session, his excellency sanctioning
thirty-four, and reserving one, (the Gaspé gaols
bill) for the royal pleasure, afterwards sanc-
tioned. The business of the session being
over, the governor prorogued it on the 14th
April, with the following discourse :—

* Tam induced to put a period to your session that ] may
be enabled to issue writs for summoning a new house of
assembly, in which I shall proceed without delay. The
critical situation of public affairs, under the advancing sea-
son of action, may render me anxious to avgil myself of
legislative assistance, and it will be extremely desirable that
I should have it in my power to do so, under circumstances
that will not be liable to interruption from the expiration of
the period for which one of the branches of the legislature
is chosen.

‘+ It gives me no small satisfaction to observe, and [ do it
with every acknowledgment that is so justly due to you on
the occasion, that the diligence with which you have pursu-
ed, and the temper and moderation with which you have
concurred in, the several objects that have been the sub-
jects of your deliberations, by the dispatch that they have
enabled you to give to public business, leave no room to
regret that a termination of your labours should be called
for. The readiness with which you have renewed the acts
that have been judged expedient for the further security of
his Majesty’s government, and the clauses which have been
added to that which relates to the admission of aliens into the
province, furnish additional proofs of the just estimation in
which you hold the blessings we enjoy, under our excellent

, —. a —. Ee eS i

The
lien act,
of his
for the
of con-
became
cts were
ctioning
pé gaols
1s sanc-
n being
the 14th

that I may
y house of
elay. The
ancing sea -
myself of
sirable that
umstances
k piration of
legislature

and [ do it

b to you on

have pursu-

1 you have
bn the sub-
they have
o room to
I be called
ed the acts
security of
have been
bns into the
timation in
hr excellent

273

constitutio, of your determination to use every exertion Chap.
in the defence . nd preservation of them,

* T have to offer you my thanks for the act you have —~
passed for granting a sum of money for repairing and ame- 1808.
liorating the ancient residence of your governors the Castle
of St. Lewis. I have no doubt that his Majesty will view
this act, passed as it has been on your own motion and un-
asked for on my part, in the light ia which I shall think it
my duty to lay it before him, as a fresh proof of your attach-
ment to his person and government, in a liberal provision for
the accommodation of his representative among you.

** Since I had occasion to address you Jast, events of
interesting importance to the empire have taken place. New }
enemies have been added to the list of those with which we i
had before to combat. His Majesty has been pleased to i
inform his parliament, that the determination of our impla-
cable foe to excite hostilities between him and his late allies, f
the emperors of Russia and Austria, and the king of Prussia, nih}
has been but too successful, and that the ministers of those ii
powers have demanded their passporis, to retire from his abl
court. On the other hand those same efforts exerted towards i
a spirited and magnanimous prince, though they have pro- |
duced the subversion of his government in Europe, have Mit
failed in the attempt to bend him toa dishonorable submis- i)
sion to the’ public spoiler: rather than bow to the degrading {
vhains of a master, the court of Portugal has nobly preferred Wee ¢
to encounter all the inconveniences of an unexampled
emigration to another hemisphere. ’ Hy

Let us join his Majesty in imploring the protection of iy
divine providence upon that enterprise, while we rejoice in 7
the preservation of a power so long the friend and ally of ah
Great Britain, and in the prospec: of its establishment in the Ne |
new world, with augmented strength and splendour. ee

“ His Majesty has further been pleased to inform his par- nae
liament, that, for an unauthorised act of force committed iit
against an american ship of war, he tiad not hesitated to
offer immediate and spontaneow’s reparation, but that an i
attempt has been made by the american government, to con- We
nect with the question which has arisen out of this act, i
pretensions inconsistent with the maritime rights of Great ‘ Wi ae
Britain. His majesty is pleased to add, that such pretensions boty

Chay,
X).

1808,

274

his Majesty is determined never to admit, and to that deter-
mination every voice in his Majesty’s dominions is raised in
cheerful assent. It will remain now to be seen whether the
american government will persist in its unjustifiable preten-
sions, or whether it will not at length open its eyes to its
true interest, which should lead it to strengthen by every
means that it possesses, instead of injuring, the only power
that stands between it and a subjugation, which, on the
fall of that power, would be its inevitable doom to the
worst of tyranny.

You have, gentlemen, ably and diligently discharged one
duty, another now remains for you to perform, which I
earnesily recommend to your serious attention. You are
returning among your constituents, who will naturally look
up to you for information and instruction. These are times
in which the influence of education and knowledge should
be peculiarly exerted to inform and direct the publie mind,
Let me entreat you to consider this as an obligation Jaid on
you by your public station, and while you exert yourselves
in impressing on the ie a sense of their duties in due
subordination to the lews and a faithful attachment to the
government, let it be your business also, to let them into the
knowledge of their true situation: conceal not from them the
difficulties with which we are surrounded, but point out to
them at the same time, the miseries which we are combating
to avoid: these present themselves in every shape of horror
in every country which has suffered itself to be brought under
subjection to the enemy who pursues us. Assure therm
that united among themseives, the british nation feels no
dread on the occasion.

“The great and powerful resources of the country, the
wisdom and magnimity of its monarch, and the energy of
its government, in the direction of the public spirit, are the
means of security to which it looks up. On these teach his
Majesty’s faithful subjects of this colony of Canada also con-
fidently to rely ; they will be employed for their protection,
and under the bles ssing of divine providence, aided by their
own exertions, they will ensure their safety, as they will,
we doubt not, ultimately crown the glorious struggle in
which we are engaged, with a successful issue.”

) that deter-
js raised in
whether the
able preten-

eyes to its
an by every
» only power
iich, on the
Joon to the

scharged one
rm, which I
n. You are
raturally look
ese are times
viedge should
“public mind.
gation laid on
ert yourselves
duties in due
hment to the
them into the
frora them the
t point out to
are combating
hape of horror
brought under
Aasure them
tion feels no

e country, the

the energy of

spirit, are the

hese teach h his

nada also con:

peir protection,
aided by their
as they will,

ous struggle in

a.

275

Thus terminated the fourth session of the ciap.

fourth provincial parliament of Lower Canada,

were clouds gathering in the distance, and
some indications of a coming storm.

The public accounts of 1807, laid at the late
session before the assembly, shew the revenues
of the year to have been £35,943, currency,
and the civi! expenditure £44,410, sterling,
those of the legislature besides, amounting to
£2821, currency.

The genera! election took place
and was, in most places, concluded with
unanimity. The late speaker, Mr. Panet, pre-
sented himself for the Upper Town of Quebec,
but having incurred, from his connexion it was
said with the fren ch paper ‘ Le Canadien,’
the displeasure of the executive, which it
certainty did not spare, and, consequently, had
become the source of considerable uneasiness to
the government, as already mentioned, he lost
his election, the official class, including the resi-
dent military officers, and dependents upon the
commissariat, ordnance and other departments
in the garrison entitled to vote, going against
him, in favor of another gentleman of french
origin, more acceptable to the government.
Mr. Panet’s friends, however, anticipating the
result, had taken measures for his’ election in
another quarter, and for which he was
returned.*

in May,

* Mr. Panet and some other gentlemen were, shortly after this
dismissed from their militia commissions. ‘The following letter ad-

XI.
in harmony with the executive, although there gpg.

Chap.
XI.

276

Some improvements to the fortifications of
Quebec. were commenced this summer, and in-

Yao, Particular, the foundations of the four towers

across the heights west of the city were laid.

dressed to each of them, on the occasion, is explanatory ;~-
‘¢ CastLe or Sr. Lewis, Quebec, 14th June, 1808.

“ Sir,—I ain directed, by his excellency the governor in chief, to
acquaint you, that he thinks it necessary for his Majesty’s service, to
dismiss you from your siiuation as -———« of the town militia. His
excellency bids me add, that he is induced to adopt this measure, be
cause he can place no confidence in the services of a person whom he
has good ground for considering as one of the proprietors of a seditious
and libellous publication, that is disserainated through the province,
with great industry, and which is expressly calculated to vilify his
Majesty’s government, and to create a spirit of dissatisfaction and dis
content among his subjects, as well as of disuniontand animosity
between the two parts of which they are composed. |

‘“* Tam, &e., “HH. W. R.”

The gentlemen to whom the above letter was addressed, according
to the Cunadien, were Messrs. J. A. Panet, lieut.-colonel ; P. Bedard,
captain; J.T. Taschereavu, captain and aide-major; J. L. Borgia,
lieutenant; and F. Blanchet, surgeon.

The following from the Quebec Mercury, is given as explanatory of
the above, and of the views probabiy entertained on the subject by the
executive of the time —~

«Of Mr. Panet we shall only say that we sincevely regret that the
man, who boasts of his having been speaker of the House of As-
sembly, from its first existence, should have so far forgot that situation
us to be ambitious of presiding at such a meeting as was at the hotel,
a few days previous to the late general election ; and of which ha
was himself the victim.

“¢ Our regret is not less that he should, in his address to the electors
of Huntingdon, have thrown out insinuations for which we should
have been happy ceuld we have consi’ered them no more than the
splenetic effusions of disappointment, at the moment of the Upper
Town election. We shouid have thought that the ebullitions of
triumph would have issued from the pen rather in the sprightly Jan-
guage of light raillery than 1; that of bilious spiven,

«* We wish we could give the conductors of the Cunadien credit for
purity of intention, in developing, as they are pleased to say, to the
Canadians, the extent of their rights and the excellenve of their con-
stitution, with a view of engaging them to love and defend it
Without being very uncharitable, we must be permitted to say that

we have, in common, with the greater part of the community, who
are readers, too often been able to trace very different views from
those held out. Had gall been the worst ingredient in their ink, the
public might have laid their acecant in some bitterness; but the
composition has too oftep not only been further embittered, but its

cations of
er, and in-
ur towers
were laid.

eerie 1808.
‘nor in chief, to
ty’s service, to
mn militia. His
is measure, be
yeTSON whom he
ors of a seditious
ch the province,
ed to vilify his
sfaction and dis
land animosity

H. W. R.”

essed, according
onel ; P. Bedard,
% he 3 Borgia,

as explanatory of
e subject by the

y regret that the
e House of As-
got that situation
was at the hotel,
and of which ha

ss to the electors

hich we should
10 more than the
nt of the Upper
he ebullitions of
he sprightly !an-

nadien credit for
sed to say, to the
nee of their con-
and defend it
iitted to say that
community, who
erent views from
t in their ink, the
terness ; but _ 1e
is bittered, but it

277

The extraordinary state of affairs in Europe, chap.

with the american non-intercourse and embarge
system operated favorably for the canadian
trade, particularly in the article of lumber,
which, owing to the quasi exclusion of the
british from the Baltic, took, about this time, a
prodigious start, evincing at once the indepen-
dence of Great Britain on a foreign power, for
that article, and, consequently, “the value of
her continental North American possessions,
taking in return for their timber, large supplies
of british manufactures.*

Ce ee ememet

hue has been, in an uncommon degree, deepened with various ingre-
cients poured in from passions iar from beneficent or disinterested.

‘ Before we conclude we must be allowed to remind the complain-
ants that during the election for the county of Quebec, a hand-bill
appeared, in which the government wus charged with being feeble,
Those concerned in the hand-bill now, it seems, feel that they are
not qnite under the government of king Log.

« The editors boast that the Cunudien is the freest paper in the
province—in abuse we are ready to admit. In fact, it proves to be,
what we always dreaded it would be, the greatest enemy to the free-
dom ot the press, by its licentious spirit. It no more consults what
is expedient to, and proper for, a canadian press, than did the House
of Assembly, a few years past, What was suitable to a canadian
House of Assembly, on the article of privilege.

‘We flattered ourselves, a fornight past, on reading the first
No. 32, since annihilated for its innocence, that the perturbed spirit
of the Canadien had been laid at rest. But we unhappily find that it
is one of those evil spirits, whose period of haunting the earth, in its
frantic form of the demon of discord, is not yet expired. We fear
that it is to be doomed to a further ordeal, in order to its complete
purgation.”’

¢ Mr. Sewell, the attorney general was, in August of this year
appointed chief justice of the province, vice Allcock, deceased, and
Mr.Edward Bowen, a young barrister appo ogee iin his stead, attorney
general, over the head of the solicitor general Mr. James Stuart, who
had given some offence to the governor, but in w = manner has never
been publicly explained. He was soon alter this dismissed from his
office. Mr. Bowen’s appointment was supersede d by that of Mr. Nor-
man F, Uniacke, from England, (son of the then attorney general of

' Nova Scotia,) but his disappointment was shortly afterrepaired by

A @

Xl.

we ~/

LSu RS,

Se nn : , J
eens ee ees as
Fe AB = AT ES ‘

Chap.
XI.

att
1809.

278

The new assembly, (the fifth of Lower
Canada,) met on the 9th of April, 1809,”
expectation standing on the tiptoe a while as
to the speakership, it being rumoured that the
governor having dismissed Mr. Panet from his
commission as lieutenant colonel in the militia,
owing to his connexion with “ Le Canadien,”
would not confirm him as speaker if the choice
of the assembly were to fall on him. He was,
however, almost unanimously chosen, and the
governor confirmed, but in rather cool terms,
the choice.t

promotion to the bench. The career of Mr. Stuart, in consequence,
probably,of the injustice done him as he may have deemed it, will be
seen as We proceed,

* The members returned were as follows :—Quebec—County, the
hon. P. A. De Bonne, (4) and Ralph Gray. Upper Town, J. Black-
wood, (1) and C. Dénéchau. LowerTown, Pierre Bedard, (4) and
John Jones. Montreal—-County, Louis Roy,(1) and J. B. Durocher,
(1). East Ward, J. M. Mondelet, (1) and James Stuart. West Ward,
W. McGillivray and D. B. Viger. Three Rivers—Borough, J
Badeaux and E. Hart. William Henry—-Borough, J. Sewell, (3)
Counties—Hampshire, Francis Huot, (2) and A. L. J. Duchesnay,
(1); Kent, J. Planté, (3) and J. L. Papineau, jr.; Leinster, J. £.
Faribault, and Joseph Turgeon ; Dorchester, J. Caldwell, (2) and P
Langlois; Surrey, J. Cartier, (1) and P. Chagnon; Saint Maurice,
M. Carron, (1) and T. Coffin, (3); Devon, J. B. Fortin, (1) and F.
Bernier, (3); Effingham, J. Meunier, andJos. Duclos; Hertford, ©.
F. Roi, (1) and Ls. Turgeon, (1); Warwick, J. Cuthbert, (3) and R.
Cuthbert,(2) ; Huntingdon, J. A. Panet, (4)* and L. de Salaberry, (2);
Orleans, J. Martineau, (3) ; Richelieu, L. Bourdages, (1) and H. M.
Delorme ; Bedford, W. S. Moore,(1) ; Buckingham, J. B. Hebert, and
L. Le Gendre, (1); Cornwallis, J. L. Borgia, and J. Robitaille ;
Northumberland, J. M. Poulin, (2) and A. Carron; York, John Mure
(1) and J. J. Trestler ; Gaspé, Geo. Pyke, (2).

The figure after the name shews in how many parliaments th
member had served. ‘Those without figures are new. Of the above,
14 indicate a british origin, the others french,

+ The honorable the speaker of the legislative council, by com-
mand of his excellency, addressed the speaker elect, on the occasion,

* Mr. Panet. as previously seen, filled the speaker’s chair during th
fuor preceding parliaments.

279

In his speech he descanted upon the unfa- Chap.
vorable posture of affairs with America ; the *!
revolution in Spain, and the generous assis- ig99,
tance afforded that country by Great Britain ;
the emigration of the royal family of Portugal Mu
to the new world; the victory of the british at Me
Vimeira, by which Portugal had been rescued

of Lower
ril, 1809,”
a while as
ed that the
et from his
the militia,

Socio ilaan scu |
: cir i from the french; and concluded by cautioning HF
the choice the members of the legislature against jealou- wat
He w i

sies among themselves, or of the government,
which could have no other object in view than
the general welfare :—‘ I might be thought
insensible to that which I may, with truth,

n, and the
cool terms,

in consequence, assure you is a subject of the highest gratifica- ih

eee tion to me,were I to omit adverting to the pros- An |
ec—County, the § perous and advantageous state in which this i | |
Feeley ae colony has shown itself during the preceding anil
J.B. Durocher, § year. To the policy of the American govern- ae
har Jest Ward, . , ; . Ve # pean
ae ment which led to the measure of withholding i
J. Zaid be (3) the produce of their country by a general eg:
ite Ue st) é iy th
Laiddter, TE. embargo, are we to a certain degree indebted hay
we} <3) and P for having called forth, and made us acquaint- Het
: Samt Maurice, ; . 1 3
tin, (1) and F. ed with the resources of this: but it will id
Pcie eey can 7 depend upon a perseverance in the industrious I
eSalaberry, (2); pursuits which their application has occasioned ay
1G) ead onc that the advantages derived from them shal] be it il
d J. Robitaille ; eee f it
ork, Jone ature “ Mr. Panet,—I am commanded by his excellency to say, that HI 4
temvewde th having filled the chair of speaker, during four successive parliaments, eve i t
Por tl Ree it is not on the score of insufficiency that he would admit of excuse on aa,
wii | your part, or form objections on his. Tea

sa! «« His excellency has no reason to doubt the discretion and modera- Hi Thiel iH
uncil, by com- tion of the present house of assembly, and as he is at all times desirous Tips
on the occasion, of meeting their wishes, so he would be particularly unwilling not to Ea |
doso, on an occasion, in which they are themselves principally inte- ibaa)
rested ; he does therefore allow and confirm you to be their speaker.” Wea

chair during (h

280

Chap. permanent, and continue a source of wealth

XI.

and of importance to the colony.—You, gen-

1809, 1809, tlemen, who are collected from all parts of the

province, must be sensible of its flourishing
situation, and of the happiness enjoyed by a
people unrestrained by any controul but that
of the laws; which, enacted by their own
representatives, can solely be directed to their
benefit and the advancement of their prosperity.
These blessings will be unalterably insured by
the diffusion of a spirit of harmony and con-
cord, the cultivation of which is more espe-
clally called for, from those who have the
happiness of the people at heart, from the
peculiar circumstances of the different parts of
which they are composed.—If any thing can
intervene to blast the prospect before us, it can
only be the admission of causeless jealousies
and suspicions amongst yourselves, or of jea-
lousies and suspicions, still more unfounded,
and assuredly most unmerited, towards that
government under the protecting and fostering
care of which you have attained to you
present felicity.

“ T regret, gentlemen,’—continued he—
“that [ have been compelled from circum-
stances, to call you together at a season
of the year, which I am well aware, must be
highly inconvenient to many of you; this con-
sideration dwelt so strongly upon my mind that
not seeing any particular object of public ser:
vice that indispensably required your immedi-
ate attention, I had it in contemplation to defer

of wealth
You, gen-
arts of the
flourishing
oyed by a
il but that
their own
ed to their
prosperity.
insured by
-and con-
more espe-

have the
, from the
ent parts of
y thing can
e€ us, it can
jealousies
| or of jea-
unfounded,
vards_ that
d fostering

H to you
nued he—
circum-

a season
, must be
this con-
’ mind that
public ser:
r immedi-

n to defer

281

your meeting till a period of less prejudicial chap
consequence to your private accommodation ; *!
but, on referring to the act of the british par- jgo9

liament on which the constitution of this pro-
vince is founded, [ felt reason of hesitation, at
least as to the grounds on which I supposed
myself able to do so; I have, therefore, been
induced tc rely on your cheerful acquiescence
in the inconvenience under which you may
labour, rather than give rise to a possible
doubt as to my intention of infringing ona
right so valuable to you as that of your annual
assembly. And this [have done under the
circumstance of being precluded from giving
quite that notice which has been, in some
denies: sanctioned by custom; and which,
although, not called for by any express law, is,
nevertheless, a precaution for the preservation
of that mutual confidence which is so desirable,
by guarding against the possibility of any sus-
picion, as to the imtention or circumstances
under which you may be assembled.”*

The house, after the address in answer to
his excellency’s speech, into which it was
endeavoured to introduce an indirect reproof
for the hints which had fallen from him, resum-
ed with warmth, the matter concerning the
‘eligibility of the judges, and the propriety of
allowing them to sit in the assembly.—The
return of Mr. Hart, also was taken into consi-

ead

*'The proclamation convoking the legislature was dated 14th
March, giving consequently only 26 days notice of the time of meet-
ing, for which the above was an apology.

aa 2

282

Chay. deration, that gentleman, as mentioned, having
_. been reélected by the citizens of Three Rivers.
is09. —-T’he more determined members were for
expelling the Judges by resolution, but a mo-
tion for their expulsion in this mode, was
negatived by a considerable majority, part of
whom, though disposed to disqualify those
officers, were averse to the means proposed,
insisting that nothing less than an act of the
legislature could operate such disqualification.
"Phis effort h: aving failed, a committee was
appointed to enquire into, and report to the
house, the inconvenience, resulting from the
clection of judges to sit in the house of assem-
bly ; and, in the mean time, a disqualifying bill
was introduced and read for the first time.
The enquiry was carried on with perseverance,
and proved in no wise, as indeed. might be
expected from an ex parté inquiry by political
adversaries, to the advantage of the individual!
concerned. The exclusionof Mr. Hart, was
more closely prosecuted. ‘The house renewed
the resolution which had been taken against
his admittance to sit and vote In the last session
of the preceding parliament ; and a bill to dis-
ualify Jews from being eligible toa seat in
the house of assembly was introduced, and
underwent two readings.* The lapse of five
* This most arbitrary and absurd measure was subsequently obli-
terated by an act, (Will. IV., ch. 57,) of the legislature of Lower
Canada, tantamount to the amende honorable, dec! laring all persons
professing the jewish religion, being natural born british subjects,
residing in this Province, entitled to the full rights and privileges of

other subjects of his Majesty. Mr. Hart, who. died in 1843, ‘lived
long enough to see this act of legislative justice done to those of hus

ed, having
ree Rivers,
were for
but a mo-
node, was
ty, part ot
ify those
proposed,
act of the
alification.
mittee was
ort to the
* from the
. of assem-
ifying bill
first time.
‘severance,
1. might be
vy political
individual!
Hart, was
fe renewed
en against
st session
bill to dis-
ya seat in
iced, and
se of five
sequently obli-
ture of Lower
ig all persons
ritish subjects,
d privileges o!
in 1843, lived
9 those of his

283

weeks in the prosecution of these measures Chap.
exhausted the patience of the governor, whose *!

“nr . Pea . yey
military education and habits may, on_ this jgo9

occasion, have influenced him. ‘The perseve-
rance of a deliberative body in a favorite,
but unconstitutional measure, appeared to him
no better probably than the refractory spirit of
an undisciplined corps of recruits, and he
seemed determined to crush it.

On the 15th of \.ay, he went down in state
from the castle, to the legislative council,
where, having summoned into his presence,
the assembly, after giving the royal assent to
such bills as were ready, (five in number) he
informed them of his intention of dissolving
the present parliament, and of recurring to the
sense of the people. ‘ When I met-you,”—
said he,—‘ at the commencement of the pre-
sent session, [had no reason to doubt your
moderation or your prudence, and I therefore
willingly relied upon both :—under the guid-
ance of these principles I expected from you a
manly sacrifice of all personal animosities, and
individual dissatisfaction—a watchful solicitude
for the concerns of your country, and a steady
perseverance in the executing of your public
duty, with zeal and dispatch.—I looked for
earnest endeavours to promote the general
harmony of ihe province, and a careful absti-

religious faith, some of the same individnals concurring in the mea-
sure who had before disqualified him, “most absurdly for it—This is
wrogress from bigotry and intolerance toat least justice, not to say
iberality, for there was no liberality in yielding to a british bora
subject and in a british colony, his birthright.

284

Chop. hence from whatsoever might have a tendency
Al. to disturb it;—for due, and, therefore, indis-
Yao, pensable attention to the other branches of the
legislature, and for prompt and cheerful co-
operation and assistance in whatever might
conduce to the oa and welfare of the
colony. All this [ had a right to expect,
because such was your constitutional duty ;—
because such a conduct would have been a
lasting testimony, as it was the only one sought
for by his Majesty’s government, of that loyalty
and affection which you have so warmly pro-
fessed, and which I believe you to possess ;—
and because it was particularly called for by
the critical juncture of the times, and espe-
cially by the precarious situation in which we
then stood with respect to the American
States. Iam sorry to add, that | have been
disappointed in all these expectations, and in
every hope on which I relied.

“ You have wasted,”’—continued he,—* in
fruitless debates, excited by private and perso-
nal animosity, or by frivolous contests upon
trivial matters of form, that time and those
talents, to which, within your walls, the public
have an exclusive title. This abuse of your
functions you have preferred to the high and
and important duties which you owe to your
sovereign and to your constituents; and you
have, thereby, been forced to neglect the con-
sideration of matters of moment and necessity
which were before you, while you have, at the
same time, virtually prevented the introduction

endency
e, indis-
es of the
erful co-
er might
e of the
) expect,
| duty ;—
e been a
1e sought
at loyalty
rmly pro-
ISSESS ;—
ed for by
ind espe-
vhich we
American
ave been
s, and in

he,-——* in
d perso-
Psts upon
nd those
he public
of your
high and
e to your
and you
the con-
necessity
e, at the
oduction

285

of such others as may have been in contempla- Chap.
tion.—-If any proof of this misuse of your time *'
were necessary, I have just preseuted it, in joo.

having been called on, after a session of five
weeks, to exercise his Majesty’s prerogative of
assent, to only the same number of bills, three
of which were the mere renewal of acts to
which you stood pledged, and which required
no discussion, So much of intemperate heat
has been manifested, in all your proceedings,
and you have shewn sucha prolonged and
disrespectful attention to matters submitted to
your consideration, by the other branches of
the legislature, that whatever might be the
moderation and forbearance exercised on their
parts, a general good understanding is scarcely
to be looked for without a new assembly.

“ T shall not,’—he added,—“ particularly
advert to other acts which appear to be uncon-
stitutional infringements of the rights of the
subject, repugnant to the very letter of the
imperial parliament, under which you hold your
seats :—and to have been matured by proceed-
ings, which amount to a dereliction of the first
principles of natural justice ; and J shall abstain
from any further enumeration of the causes
by which Ihave been induced to adopt the
determination, which I have taken, because,
the patt of your conduct, to which I have
already referred, is obviously and ina high
degree, detrimental to the best interests of the
country, such, as my duty to the crown forbids
me to countenance, and as compels me to have

286

Chap, recourse to a dissolution, as the only constitu-
tional means by which its recurrence may be
1309. prevented.

“ Gentlemen of the legislative council, and
gentlemen of the house of assembly,—* I shall
give the necessary orders for calling the new
provincial parliament, as soon as convenience
will permit ; and having no other object, and
confident that no other will be attributed to me,
but to preserve the true principles of the free —
and happy constitution of the province, and to
employ the power entrusted to me by his Ma-
jesty, to the only end for which | have received
it, the good of his subjects, I have ar entire
confidence in the electors, to whom I shall
recur; trusting that by the choice of proper
representatives, further mischiefs may be obvi-
ated, and the important interests of the colony,
donaiderad in the next session, with less inter-
ruption, and happier effect.

“ T will not conceal from you, that it has
been very much’ with the view to obviate mis-
representation, if possible, and to enable the
people to judge of the grounds, which have
been afforded me, for the conduct I have
adopted,that Ihave entered into any detail upon
this subject; the task has been painful to me in
the extreme, and I turn from it with peculiar
satisfaction, to offer to you, gentlemen of the
legislative council, the acknowledgments that
are due to you, for that unanimity, zeal and
unremitting attention, which you have shewn
in your proceedings. It rests not with you that

y constitu-
xe may be

uncil, and
—** | shall
g¢ the new
nvenience
bject, and
ited to me,
f the free
ce, and to
xy his Ma-
e received
- ar entire
ym I shall
of proper
y be obvi-
he colony,
less inter-

at it has

yviate mis-
nable the

hich have
ct I have
letail upon
il to me in
h peculiar
en of the

ents that

zeal and

ve shewn
you that

287

so little has been accomplished for the public chap.
good. To a considerable portion of the house X!-

of assembly, my thanks are equally due. I trust Woy
they will believe, that Ido them the justice of
a proper discrimination, in the sense ‘I enter-
tain of their efforts,

this, gentlemen, you have truly manifested your
affection to his Majesty’s government, and your
just estimation of the real and permanent inter-
ests of the province.”

This unique speech surprised the members,
who, at the utmost, anticipated no more than a
prorogation; but, a dissolution attended with

such pointed censure, rather in the language of

a master than in that of representative of a con-
stitutional king, far exceeded their expectation,
and they returned to their constituents covered
with the opprobium of having incurred the
governor’s displeasure; a matter of no little
moment inthe eyes of the multitude, as yet
unaccustomed to the freedom of the constitu-
tion. The country people who were at first
disposed to think favourably of the recent mea-
sures of the executive, gradually, however,
veered round, and were finally persuaded that
the house of assembly had been dissolved for
having espoused their interests, in opposition
to the encroachments of the crown upon the
public rights. he press was put into violent
action, and the Canadien teemed with severe
and abusive commentaries on the speech. The
preamble of the bill of rights, in allusion to the

to avert that conduct of
which I have so much reason to complain. By

1808,

288

Chap. governor’s measures with respect to the assem-
* bly, and as applicable to the existing circum-
tgog, stances of the province, was inserted as a motto
at the head of that paper, now more than
ever Industriously circulated in all quarters.
In the middle of June, the governor left
Quebec on a tour through the province, attend-
ed by a numerous suite, -and travelled in
great state. ‘The principal citizens of Three
Rivers, Montreal, Saint John’s, and William
Henry, successively received him with ad-
dresses of applause and thanks, for the inter-
position of the royal prerogative in dissolving
the house of assembly. These addresses being
inserted in the public prints, were criticised in
the Canadien, with much asperity. Qn his
return to Quebec, a congratulatory address,
numerously signed by the citizens, was pre-
sented to him, approving also of his “ judicious
and firm administration,” at which he expressed,
in a particular manner, his satisfaction, as
coming from those “ whose situations”’—he
said— afforded them the. more immediate
opportunity of judging of the motives by which
he might be actuated on particular occasions.”
T he following from “ The Quebec Mercury”

of Monday, 6th November, 1809, announcing
the first steamer that made its appearance on
the waters of the St. Lawrence, may now be
read with interest asa curiosity. I[t was the
commencement of an era, in the navigation o!
those inland waters and of the lakes, the pro
gress whereof has exceeded any thing that

the assem
ng circum:
jas a motto
more than
| quarters.
vernor left
ice, attend-
ravelled in
Three
nd William
n with ad-
ys the inter-
dissolving
‘esses being
criticised in
y. On his
ry address
s, Was pre-
¥ judicious
P expressed,
faction, as
1tions”’— he
immediate
»s by which
occasions.”

> Mercury”
announcing

earance on

ay now be
{t was the
vigation 0!

s, the pro

thing that

289

the most sanguine could have expected at the chan
outset :- vig

; ; waeoew
“On Sedalie morning, at 8 cloth, arrived here, from jg09.

Montreal, being her first trip, the steamboat ACCOMMODA-~
TION, with ten passengers. This is the first vesse: of the
kind that ever appeared in this harbour. She is continually
crowded with visitants. She left Montreal on Wednesday,
at two o’clock, so that her passage was sixty-six hours ;
thirty of which she was at anchor. She arrived at Three
Rivers in twenty-four hours. She has, at present, births
for twenty passengers ; which, next year, will be considers
ably augmented.—No wind or tide can stopher. She has
75 feet keel, and 85 feet on deck. The price fora passage
up is nine dollars, and eight down, the vessel supplying pro-
visions. The great advantage attending a vessel so con-
structed is, that a passage may be calculated on toa degree
of certainty, in point of time ; which cannot be the case
with any vessel propelled by sail, only. The steamboat
receives her impulse from aa open double-spoked, perpen-
dicular wheel, on each side, without any circular band or
rim. Tothe end of each double spoke is fixed a square
board, which enters the water, and by the rotatory motion
of the wheel acts like a pade'e. The wheels are put and
kept in motion by steam, operating within the vessel. A.
mast is to be fixed in her, for the purpose of using a sail
when the wind is favorable, which will occasionally accele-
rate her head way.

This vessel was built at the expense of, and
belonged to the late honorable John Molson, of
Montreal, to whose public spirit and enter-
prise the province is indebted tor the first
establishment of steamers on the St. Lawrence
and lakes, the improvements in which from
this the first humble essay, to their present

wonderful state of perfection, truly are admi-
rable, although probably yet only in their
infancy, and still suse sotible of vastly oreater
extension.
BD

Lae et ae

ae

1809,

290

The arrivals from sea at the port of
“Quebec, this season, as reported by the
returns of the harbour master, were 440,
hut the tonnage is not stated.* The revenues
of the previous year (1808) were stated at
£40,608, currency, and the civil expen-
diture at £41,251, sterling. The salaries of
the officers of the legislature amounted to
£3,077, currency, including contingencies. —
The governor in chief’s salary was stated in
the public accounts at £4,500, sterling, and
that of the lieutenant governor (absent since

1805) £1,500, making together £6,000.

It appears by the pub lic accounts of the year,
that Sir Robert Shore Milnes, had ceased to
be lieutenant governor on the 28th of Novem-
ber, 1808, the honorable Sir Francis Natha-
nie! Burton (brother of the Marquis of Conyng-
ham) succeeding him and receiving In his
stead the salary of £1,500, sterling, from this
period, tor the tenure of that office (a sinecure)
until, upon the remonstrance of the assembly,
he came to the province in 1822, the govern-
ment of which he administered for a short
time, as will be seen.

"© Aecording to an official return laid before the assembly, the
number of vessels cleared during 1808, was 334-—-tons 66,373—-ditto
of new shipping 3,902.

e port of
id by the
vere 440,
e revenues
» stated at
il expen-
salaries of
1ounted to
iwencles.—
stated in
erling, and
bsent since
000,
of the year,
| ceased to
of Novem-
neis Natha-
of Conyng-
ing in his
. from this
a a sitet
» assembly,
the govern-
or a short

le assembly, the
ns 66,373—dittc

CHAPTER XII.

Elections—parliament called together—Mr. Panet again
speaker-—topics of the speech—surmises thereupon —
resolution of the assembly touching the speech at the
late prorogation—address in answer—address to his Ma-
jesty in congratulation on his reaching the 50th year of
his reign —expedience of providing for the civil expendi-
ture considered—resolutions on the subject—addrees
thereupon to the king, lords and commons-~the governor's
remarks upon them-—-assembly address his exe eller icy for
an estimate for the year-~promises compliance-——expedi-
ence of an agent for the province in England considered
-—bill for rendering the judges ineligible to the assembly
passed—amended in the legislative council and sent back
to the assembly—the bill laid aside—resolution for vacat-
ing the seat of P. A. De Bonne (judge)—prorogation and
speech of the governor—expresses his sense of the pro-
ceedings of the assembly and his determination to dissolve
—addresses to his excellency —rumours——revenues of
1810—expenses of the same year—arrivals at Quebec
this and the previous year and ships built—revenue and
expenses of 1809, hi

Tue elections did not take place till Octo- ,,.
ber, and the people having had time to reflect xi.
upon alt: urs, re-electe a, contr: ary to the Expec - rene
tation of the executive, most of the late repre- — |
sentatives ; removing some who were supposed |

. have wavered, and substituting others of a
less flexible temper in their stead.
The new assembly met onthe 29th January.*

ee ree eee

wi The following r are the names
elections :—

County of Quebec—Hon P. A. De Bonne and Ralph Gray , Upper

f members chosen at the late

ii) Chap.
| ,
Xi.

i ad

i810,

292

The speaker of the last assembly, (Mr. Panet)
being re-élected, was again confirmed by the
governor, in rather more gracious terms than
on the previous occasion. In his speech he
adverted ,to the unfavorable disposition of
America towards Great Britain :—

** With respect to our relations with the american govern-
ment, Tam concerned to state to you, that; far from that
amicable settlement of the existing differences between us,
to which the arrangement that had been egreed on by his
Majesty's minister lead us to look forward, the cireum-
stances that have since occurred, seem rather to have
widened the breach, and to have removed that desirable
event to a period scarcely to be forseen by human sagacity.
The extraordinary cavils that have been made with a
succeeding minister; the eager research to discover an
insult, which defies the detection of all other penetration ;
the consequent rejection of further communication with
that minister, and indeed every step of an intercourse, the
particulars of which are known by authentic documents,
evince so little ofa conciliatory disposition, and so much

‘own or Quebec, J. Blackwood and C, Dénéchau ; Lower ‘Town of
Quebec, Pierre Bedard and John Jones; County ef Montreal, Louis
Roy and J. B. Durocher ; East Ward of Montreal, Joseph Papineau
and James Stuart; West Ward of Montreal, D. B. Viger, and Thos.
McCord; County of Saint Maurice, M. Carron and Louis Gugy ;
Borough of Three Rivers, M. Bell and J. Badeaux; Borough of
William Henry, Edward Bowen ; County of Northumberland, Joseph
Drapeau and Thomas Lee ; County of Hampshire, Francis Huot and
A. L. J. Duchesnay ; County of Warwick, J. Cuthbert and Ross
Cuthbert ; County of Leiuster, Bonaventure Panet and T.Taschereau ;
County of Surrey, Pierre Bedard and Jos. Beauchamp; County ot
Orleans, J. Martineau ; County of Devon, J. B. Fortin and F, Bernier ;
County of Hertford, F. Roi and Frangois Blanchet ; County of Riche-
lieu, L. Bourdages and Hyacinthe Delorme ; County of Buckingham,
F. Le Gendre and J. Bte. Hébert ; County of Cornwallis, J. L
Borgia and J, Robitaille; County of Kent, L. J. Papineau and P. D
Debartzch ; County of York, John Mure and Pierre St. Julien ;
County of Huntingdon, J. A. Panet and Stephen Sewell; County ot
Bedford, John Jones: County of Dorchester, Pierre Langlois and ‘I,
Taschereau ; County of Effingham, J. Meunier and Jos. Duclos ;
County of Gaspé, G. Pyke. Of the above, 13 were persons of
british, the others of french origin.

°

Mr. Panet)
ied by the
terms than
speech he
yosition of

rican govern-
far from that
; between us,

‘eed on by bis

. the cireum-
ther {o have
that desirable
man sagacity.
made with a
. discover an
Yr penetration ;
nication with
itercourse, the
ic documents,
and so much

Lower ‘Town ot
fontreal, Louis
loseph Papineau
river, and Thos.
nd Louis Gugy ;
x; Borough of
berland, Joseph
rancis Huot and
nbert aud Ross
fa Use hereau ;
mp 5 County ot
and . Bernier ;
yunty of Rie he-
of Buckingham,
rnwallis, J. L
yineau and P. D
rre St. Julien ;
‘ell; County otf
zanglois and ‘IT’.
id Jos. Duclos ;
sre persons of

YO

of a disinclination, to meet the honorable advanced opay bi
made by his Majesty's government, while these have XII. :
been further manifested in such terms, and by such we
conduct, that the continuance of peace between us 1810.
seems now to depend less on the high sounded resent-
ment of America, than on the moderation with which his
Majesty may be disposed t» view the treatment he has
met with.

* In laying before you the picture of our actual! situation, i!
I am contident 1 do not deceive myself, when I feel it to be |
unnecessary to urge you to be prepared for every event that
may arise from it. In the great points of our security and
defence, I persuade inyself, ove heart. and one mind, will
actuate all, On his Majesty's part, should hostilities ensue,
i feel warranted in assuring you of the necessary support of
regular troops, in the confide nt expectation of a cheerful
exertion of the interior force of the country ; and thus united,
J trust we shall be found equal to any attack that can be
made onus. Animated by every motive that can excite
them to resistance, our militia wil! not be unmindful of the
courage they have displayed in former davs, and the bravery
of his Majesty’s arms has never been called in question.’

He congratulated the legislature on the cap-
ture of Martinique, and the battle of Talavera,
which had torn from the French that character
of invincibility they imagined themselves to
have possessed in the opinion of the world.
He recommended a renewal: of such acts ds
might enable the executive government more
effectually to discharge its duty, in guarding
against dangers which could scarcely be
remedied | by the common course of law. He
called their attention to the practice of forging
foreign bank bills, which, fromthe want of a
remedy in the present code of penal laws, had i
of late, grown to a very dangerous extent, to t
the prejudice of the neighbouring states of }
pb 2

wet

=a og ee er ER Oo STEN TO Re Rp SS

ihaelltsh pss eepl ese nas ~

Chap
MUL,

ww TESPE Ct tO
1810.

294

America, as well as to our own subjects. With
the matter which had led to the
dissolution of the preceding assembly, he
observed :-—-

** During the two last sessions, the question of the expe-
dieney of the exclusion of his Majesty’s judges of the court
Of King’s bench from a seat in the house of representatives,
has been much agitated. This question rests on the desire
of precluding the possibility of the existence of a bias on the
minds of persons exercising the judicial functions in those
courts, from their being under the necessity of soliciting the
votes of individuals, on whose persons, or on whose pro-
perty they may afterwards have to decide.

* Whatever might be my opinion on this subject, I never-
theless hold the right of choice in the people, and that o!
being chosen by them, in too high estimation, to have taken
upon myself, had the question ever come before me, th:
responsibility of giving his Majesty’s assent to the putting
limits to either,.by the exclusion of any class of his sub-
jects; and they are rights of which it is impossible to sup-
pose ihe could be deprived by any other authority than that
of the concurrence of the three branches of the legislature

« That the channel in which flows the current of justic«
should be pure, and free from every the slightest contamina-
tion, is too essential to the happiness of the people not t
be interesting to a government which has solely that object
in view: and itis perhaps little less necessary to that happi
ness, that there should exist in the minds of the public «
doubt on the subject.

“Tn this latter view, I have tnought that the early dis-
posal of the question may be of utility, and therefore, in
recommending the subject to your consideration, I hay
to add, that having received his Majesty’s pleasure upon it
I shall feel myself warranted in giving his Majesty’s royal
assent to any proper bill for rendering his Majesty's judge
of the courts of king’s bench, in future, ineligible to a seat
in the house of assembly, . in which the two houses may
concur.”

This speech was misinterpreted into an

jects. With
led to the
ssembly, he

on of the expe-
res of the court
representatives,
ts onthe desire
of a bias on the
netions in those
f soliciting the
on whose pro-

ibject, I never-
e, and that of
, to have taken
before me, thé
to the putting
ass of his sub-
ossible to sup-
vority than that
the legislature
‘rent of justic«
est contamina
people not t
ply that object
to that happ:
the public

the early dis-
therefore, in
ation, I has
easure upon it
lajesty’s royal
ajesty’s Judge
igible to a seat
houses may

d into an

295

avowal of ,recipitancy, in dissolving the last chap.
parliament, and it was currently reported, *!!
that the governor had incurred the displeasure jey9

of ministers, by the exercise of the royal pre-
rogative, in dissolvi ing the late asse mbly. the
first measure of the hoi ise Was to pass a reso-
lution——“ that every attempt of the executive
eovernment and of ‘the onse branches of the
le gislature against this house, whether in dic-
tating or censuring its proceedings, or in
approving the conduct of one part of its mem-
bers, and disapproving the conduct of the
others, isa violation of the statute by which
this house is constituted; a breach of the
privileges of this house against which it cannot
forbear obje pret ; and a dangerous attack upon
the rights and libe rties of 5 Majesty’s subjects
in this province.”-—Yeas 24, nays 1].

The address responded in loyalty to the
speech :—

“Your Excellency may rest assured, that in laying before
us, the picture of our actual situation, if is unnecessary to
urge us to prepare for every event that may arise trom it.
In the great point of our security and defence, your Excel-
lency may be persuaded, that one heart and one niind will
actuate all, and with the assurance of the necessary mt port
of regular troops, united with the cheerful exertion of the
interior force of the country, we trust that we shall be found
equal to any attack that can be made on us.

“ The sentiments of attachment manifested by the inhabi-
fants of this province for their happy constitution, which
insures to them the free exercise of their rights and liberties,

naturally commands their gratitude and fidelity to a Sove-
eign and nation whence the inestimable blessing is derived.
Animate d by those and every other motive that can excite

c

resistance, the militia ef Canada will not be unmindtul of

fy

it
rs
ay
iy
Hi
' i
if
hes

Chop, the Courage which they have displayed in former days, and

X11.

will emulate the bravery of his Majesty’s army which has

sev never been called in question.”

1810.

Immediately after the delivery of the speech,
it was * resolved, nem. con., that a committee
of seven members be appointed to prepare and
report, with all convenient speed, the draft of
a loyal, dutiful and humble address, to our most
gracious sovereign, congratulating his Majesty
on the happy event of having entered upon the
fiftieth year of his reign; and assuring him,
that none of his faithful subjects are more
grateful to divine providence, than the com-
mons of Lower Canada, for the blessings
conferred on them by the preservation of a life
so valuable, or more sincere in their prayers
for a long continuance thereof.”

Pursuant to this, an address to his Majesty
was drawn up, in the following terms :—

‘We, your Majesty’s dutiful and loyal subjects, the
representatives of the commons of Lower Canada, moat
humbly beg leave, on the opening of this session of our

provincial legislature, to offer, with profound submission,
at the foot of the throne, our most sincere congratulations to

your Majesty, on the joyful event of your having entered

on the fiftieth year of your reign 5 a reign so glorious to your
Majesty, and to the british empire, diffusing happiness
and prosperity to your faithful people, in every part of your
Majesty’s dominions.

‘Your Majesty’s dutiful and loyal subjects in this remote
colony, acknowledge with gratitude, and affectionate attach-
ment to your royal person and government, the paternal
protec tion which they have so liberally enjoved, in the full

exercise of their civil and religious liberties under your

Majesty’s reign, which has been further secured to them,

rmer days, and
rmy which has

‘the speech,
A committee
prepare and
the draft of
to our most
his Majesty
ed upon the
suring him,
. are more
nthe com-
e blessings
tion of a life
eir prayers

his Majesty

13

subjects, the
Canada, moat
session of our
d submission,
bgratulations to
aving entered
lorious to your
ng happiness
y part of your

in this remote
tionate attach-
the paternal
d, in the full
Ss under your
red to them,

297

by that precious gift, the excellent constitution under which Chap.

they have now the happiness to live.

* Deeply impressed with a due sense of these inestimable ~~
blessings, and of the beneficial encouragement afforded to 181°

our agriculture and commerce,: whereby the prosperity,
population, and resources of this colony are most rapidly
encreasing: we glory in being an appendage of that empire
which so magnanimously bids defiance to the boundless
ambition of the common enemy of the civilized world; and
contemplate, with pride and admiration, the distinguished
bravery of your Majesty’s flects and armies, in the arduous
und protracted contest, in which the nation is engaged, for
the support of social order, religion, and legitimate power.

“May the Almighty, by whom Kings reiyn, be pleased
to bless your Majesty, with an uninterrupted health and
length ofdays, and crown the glorious efforts of your arms
with the success due to a righteous cause; and when it

shall finally please his Divine Wisdom to call your Majesty _

from a terrestrial to a celestial crown, may the bright ex-
ample of your Majesty’s virtuous reign be invariably imita-
ted, by your royal successors, to the latest posterity. Such,
may it please your Majesty, are the most humble and most
fervent peayers of your faithful Commons of Lower Canada.”’

This being presented, by address, to his
excellency, was forwarded through him to the
king :—* [ shall, gentlemen,’ ’—said his excel-
lency,—* with great satisfaction, take the ear-
liest opportunity of transmitting, to be laid at
his Majesty’s feet, your address on the happy
event of his entering on the fiftieth year of his

‘reign. Partaking most cordially in the senti-

ments of loyalty and attachment to his Majesty’s
person and government which it contains, |
have to offer’ you my congratulations on the
auspicious circumstance which has given occa-
sion to do so.”

The expediency of providing for the civil

1810,

298

Chap. list, which had, for some time previously, been

=a subject of discussion in the public prints,
was taken up by the house. It was maintained
that the province was now capable of relieving
the mother conntry of this burthen, which the
majority urged, would inevitably, at no very

. remote period, devolve upon the province

with accumulated weight. That to anticipate
the charge would, therefore. prove a saving to
the country. ‘The minority opposed ‘it with
some warmth. The notion of levying additional
revenues to the amount of fifty thousand pounds ;
(as it was reported with a view to discredit the
measure, ) startled the country people, who, on
the other hand, were instructed that the
house of assembly having the entire civil list
at their disposition, would not fail to retrench
several pensions and to reduce the heavier
salaries, and, by that means, diminish the public
expense. A resolution was passed by the
house, that the province was able to supply
funds for the payment of the civil list, and loyal
addresses were drawn up to the king, lords and
commons of the United Kingdom.* In these, the

* The resolutions were as follows :-—

Resolved—That this prevince is at present able to pay all th:
civil expenses of its government.

Resolved-——That the house of assembly ought to vote, during
this session the necessary sums for defraying the civil expenses 0!
the government of this Province. .

Resolved--That this house will vote, in this session, the
necessary sums for detraying the civil expenses of the government 0!
this provinee.

Mr, Bedard moved, seconded by Mr. B. Panet, to resolve, that
most humble addresses be voted by this house to his Majesty, the house
of lords, and house of commons ;-—-setting forth : That : this house
ath, in the present session, taken upon itself, all the civil expenses

ously, been
blic prints,
maintained
of relieving
, which the
at no very
e€ province
oO anticipate
a saving to
sed ‘it with
¢ additional
sand pounds
liscredit the
yle, who, on
id that the
re civil list
to retrench
the heavier
th the public
ed by the
to suppl
st, and loyal
ry, lords and
n these, the

> to pay all th:

to vote. during
ivil expenses 0!

is session, the
e government 0!

to resolve, that
njesty, the house
Thai this house
ie civil expenses

299

house expressed a sense of the many favours Chay.

the colony had experienced from the benefi-*!'
° e ee ed

cence of the mother country, by which it was jguy.

of the government of this province: that it ertertains the most lively
gratitude for the assistance aflorded by his Majesty, indefraying them,
to the present time ; for his mild and benign government, and for the
happy constitution, bestowed by his Majesty, and the parliament ot
Great Britain, upon this province ; all which has raised it to such a
piteh of prosperity, that it 1s now ina state to support the said civil
expenses,

The house divided upon the above question, and the names were
taken as follows:

Yeas—Messieurs Bedard, Durocher, J. L. Papineau, Lee, Borgia,
Meupier, Taschereau, Viger, Drapeau, Bernier, Saint Julien, He-
pert, Duclos. Robitaille, Huot, Caron, C, Panet, Ls. Roi, Blanchet,
Debartzch and Seauchamp.

Nays—~Messieurs M:Cord, Bowen, Mure, Bell, Dénéchau, Jones
of Bedford, Blackwood, Gugy and Ross Cuthbert,

The address to his Majesty pursuant to the resolations was as
follows i-—

‘¢ We your Majesty’s most dutiful and loyal subjects the representa-
tives of the commons of Lower Canada, in assembly met, humbly
beg leave to approach your Majesty’s throne, with hearts full of
loyalty and gratitude,

«We humbly beseech your Majesty to be assured of the sentiments
of affection entertained by your Majesty’s subjects of Lower Caneda,
and also to be persuaded that the people of this colony, ever attacned
to their sovereigns, will never be surpassed by any others within you
Majesty’s empire, in the sentiments of regard and affeetion which
they feel for your sacred person,

«© We humbly beg leave to express to your Majesty, the lively grati-
tude which we feel, on a recollection of all vour Majesty’s favours,
and on a view of the state of prosperity, to which this province has
attained, under your Majesty’s paternal government, and the happy
constitution which has been granted to us by the liberality of your
Majesty and of the British parliament,

‘« This state of prosperity is become such, as to enable usjto engage
to pay, in the course of the present session of the legislature, the civil
expenditure of the provincial government, which has hitherto been
chiefly defrayed by your Majesty: and this effect of our prosperity is
the more gratifying to us, as your Majesty’s people of Great Britain
have been’ so long burthened with the expenses of a war, undertaken
for the protection of every part of your Majesty’s vast empire.

« (Under these circumstances, your Majesty’s subjects in this province
feel themselves happy, in being now able to acquit themselves of an
obligation imposed upon them by duty and gratitude.”

The above was carried on motion of Mr. Bedard, seconded by Mr.
Borgia, on a division of 13 to 3,

ee

ce en I I OO A A A

300

Chap. now enabled to take upon itself the charge of

Xi the civil expenditure of the government ; an

isio. effect the more gratifying to them, as the people
of Great Britain had been so long burthened
with the expenses of a war undertaken for
the common protection of every branch of
her extensive empire. The house of assembly
presented these addresses to the governor,
requesting he would be pleased to lay them
before his Majesty’s ministers, for the purpose
of being submitted to the king, lords and .
commons.

In answer to this request the governor
observed, that the addresses were, under such
peculiar circumstances of novelty, as to require
a considerable degree of reflection. ‘That the
constitutional usage of parliament, recognised
by the wisdom of the house of commons, of
the United Kingdom, forbade all steps on the
part of the people towards grants of money
‘which were not recommended by the crown,
and aithough by the same yarliamentary usage
all grants do originate in the lower house, yet
that they were ineffectual without the concur-
rence of the upper house: that no precedent
existed to his knowledge of addresses to
the house of lords, or house of commons, sepa-
rately by a single branch of the colonial legis-
lature : that for these reasons, he conceived
the addresses to be unprecedented, imperfect
in form, and founded upon a resolution of the
house of assembly, which, until sanctioned by
the concurrence of the legislative council, must

301
)

be ineffectual; (except as a spontaneous offer Chap.
on the part of the commons of Canada) ; that XII
they were consequently premature ;

e charge of
minent ; an

s the people that he caiat

y burthened
Neva for
‘ branch of
of assembly
2 governor,
to lay them
the purpose

lords and

2 governor
under such
is to require
. That the
recognised
mmons, of
teps on the
of money
the crown,

tary usage
house, yet
he concur-
precedent
dresses to
ons, sepa-
onial legis-
conceived
, imperfect
tion of the
ctioned by
uncil, mus’

regretted he could not, therefore, take upon
himself to transmit these addresses to his Ma-

jesty’s ministe’s, impressed as he was with a

sense of his duty, adding also, that the miristers
were not the regular organ of Communication
with the house of commons, unless by his
Majesty’s command; that he could not,
therefore, pledge himself for the delivery of
these addresses were he to transmit them
through that channel--—“* Under some of these
considerations, | should equally feel myself
bound,”—he said,—‘* upon ordinary occasions,
to decline transmitting any addresses to his
Majesty, that might be under circumstances
similar to the present.” But that on thisoccasion,
he thought it right to transmit to the king this
testimony of the ‘good disposition, gratitude and
generous intentions of his subjects in the pro-
vince of Lower Canada. He said he thought
it right also, that his Majesty by their own act,
should be formally apprised of the ability, and
of the voluntary pledge and promise, which the
people of this province by this address to
their sovereign, and by the resolution upon
which it is founded, had given to his Majesty,
to pay the civil expenditure of the province
when required, and consequently without
repugnance, demand from them the perlorm-
ance of this solemn undertaking, whenever he
may in his wisdom, think it expedient so to do.
cc

Chap.

All. ,

ed

{s1v.

309

[or these reasons he engaged to transmit their
address to the king a as Benth had requested. ‘J
desire, however,”—-said he,—* that it may be
distinctly understood, that as I ought not, by
any actof mine, to compromise the rights of
his Majesty, of the imperial government, or of
the legislative council of this province, sol do
not, by this comphance with your request,
concede to the assembly of this province, or
aunt thai any step on their part, towards

grants of money, Which are not recommended
i: the crown, can be constitutional; or that
any such step can be effectual, without the
concurrence of the legislative council, and the
final approbation of the king.

“ The expressions of affection and of grati-

tude towards his Majesty and the two houses
a the Imperial parliament, for the favors con-
ferred on this province, under which it has
attained its present state of prosperity, which
you so warmly and so explicitly profess in youn
addresses, will not permit a moment’s doubt
of the sincerity of your wishes to carry into
complete effect the resolution which is the
obje ct of them. So commendable a purpose
entitles you to every acknowledgment; and |
cannot but lament exceedingly, ‘that any cil
cumstances should exist, which, under a sense
of duty, have compelled me to express myselt
on the subject, in a way, that may carry with
it, even an appearance, however little intended,
of opposing any check to the manifestation of

ansmit their
uested. “|
tit may be
»ht not, by
he rights Ol vf
ment, or of
ce, sol do
ur request,
rovinee, or
rt, towards
commended
1al; or that
without the
cil, and the

ind of grati-
two houses
favors con-
Vhich it has
rity, which
fess In you
fent’s doubt
carry into
ich is the
a purpose
nent; and |
at any Cli
der a sense
press myselt
carry with

e intended,
ifestation of

3038

the sentiments, under which, I persuade myself, Chap
you have acted.”

XII

An address, in the mean time, was also igig

presented to the governor in chief, informing
his excellency—‘ that this house has resolved
to vote, in the present session, the sums neces-
sary for paying all the civil expenses of the
government of this province, and to beseech
that his excelle ‘ney will be pleased to order the
proper oflicer to rF y before the house, an esti-
mate of the said civil expenses,’—to which
his excellency answered, that he would give
directions that the desires of the house might
be complied with. The sudden prorogation
which soon after ensued prevented, however,
the transmission of the public accounts and the
estimate called for.

Ihe answer of his excellency relative to the
addresses to the king, lords and commons,
being received, “ a committee of seven mem-
bers on motion of Mr. Bedard, was appointed to
search for and enquire upon the constitu:
tional points and parliamentary usage men-
tioned in the answer made by his excellen ICY
the governot in chief, to the humble addi
of this house to his exc ellency, pre ‘sented to-
day, and to report with all convenient speed.”
No report was made, the provogation taking
place two days after this, preventing 1t.

The appointment of a colonial agent in
England, as mentioned before, had been con-
templated by the late house of assembly, and

the aibject Was again taken into consideration

Ch ap,
XT),
Ne!

1810,

S04

in the present session, but without effect. The
advantages proposed by this measure, were,
aregular and direct intercourse between the
house of assembly and the imperial government
as well as the commons of the United Kingdom,
and a check upon the executive of the colony
by their means. A bill to this intent was Intro-
duced, but did not arrive at maturity in the
assemb ly.

During these occurrences, a bill for render-
ing the judges -s ineligible to seats in the house
of assembly was introduced, and having passed
below, was transmitted to the upper house.
Here the bill was amended by the introduction
of a clause postponing the period at which it
should take effect, to the e expir ation of the pre-
sent parhament, and sent down for the concur-
rence of the assembly. ‘he house, indignant
at the amendment, and regardless of it, passed
a resolution “ That P. A. De Bonne, being one
of the judges of the court of kiag’s bench,

‘annot sit nor vote in this house,” anid declared
his seat, as one of the members for the county
of Quebec, vagal 76s 13 18, nays 6.* This
measure again brought things toacrisis. His ex-

-ellency, on the following day, (26th of Febru-
ary) went down to the ¢ -ouncil ch amber, with the
usual solemnities, and requiring the attendance

theme een nee

* The members who voted on the question, were :—
Yeas—Messieurs Blanchet, Bourdages, Bedard, L. J. Papineau,
Tascherean, Borgia, Drape Fortin, Saint Julien Robitaille, Lee

Huot, Meunier, Parcels,” B. Panet, Langlois, Beauchamp, and
Debartzch—18.

Nays-——Messieurs M‘Cord, Blackwood, Mure, Dénéchau, Ross
Cuthbert, and Gugy—6.,

effect. The
sure, were,
etween the
government
d Kingdom,
the colony
it Was Intro-
ity in the

lor render-

the house
ving passed
yper house.
ntroduction
at which it
of the pre-
he concur-

indignant
it, passed

being one
g’s bench,
d declared
the county
6.7 : This
is. His ex-
of Febru-

with the

ittendance

_J. Papineau,
obitaille, Lee
muchamp, and

néchau, Ross

305

of the assembly, he informed them,

|
for the purpose of proroguing the
parlia ment, and that upon a mature considera-
tion of the circumstances which had taken place
he | eae (

ete rmines ahaa al rerei

“OMe dow Nn

2

—

personal wishes or
however strong might be my desire that the public business
should suller no interruption, I feel that on this occasion,
nothing is left to my discretion. It has been rendered
lipo 3S ble for ine toe act otherwi Cy ne st in Lan way t am

proposing.

“The house of assembly
without the partici
lature, to passa vote,

have taken upon themselves
. i
the other branches of the legis-

ation of
that a judge of his Majesty's court of
Kino’s bench cannot sit nor vote in their hous

* However [| might set aside the personal feelings w

conducted towards

}

i

ould not be unnatural in me. as to the mode 3 ahi
wouid not be unnatural in me, as to the mous in whic i

. . ‘ 1. ’

this transaction has t

there
is another and infinitely higher consideration arises out of it,
which f must not overlook.

“Tt is impossible
in any other light, than as a direct violation of an act of the
imperial parliam ont: of that parlia ment which conferred
on you the constitution to which You rofess to owe
present prosper

. . +] , 1
for me to consider what has been done

your
sider

disfran-

Gan [ do otherwise nan co}

as having unconst

ity: nor
itutionally
chised a large portion of his | Majesty s subjects, and rendered
ineligible bis
not inconsiderable class of the communit

*¢ Such an asst meee tion I sl
bound by every ‘tie of duty to eppose ;
of the expulsion of the member
vacancy in the representation of
clared, and it would be
issue for the election of another member: that writ would be
to be signed by me. Gentlemen (said he, with warmth
and emphasis) [ cannot, da render myself a partaker
in the violAtion of an act of the imperial parliament, and I

ce 2 3

} . +3
the house of assembly

} 1, ' ’ ,
an auithor ‘ity which they do not possess, another
} . iad
wuld at any rate feel
but in consequence
for tue county of Quebec, a
tnat county has been de-
necessary that a new writ should

4

re not

myself

XI

| lL,- : t
that QE NAd Chan

[le

od :
van ” “ abana es
SPO PSE GEILE ENT EAI IP ESI

Chap.

ALL,

SE tli tian al

S10,

306

know no other way by which I can avoid becoming so, bui
that which I am pursuing.

“ When we met I felt much satisfaction in the conscious-
ness of having taken such steps as I thought most likely to
facilitate, indeed I thought would do away every possible
objection to a measure that seemed to be wished for, and
that in. itself met my entire concurrence: but the only
objection that can I think exist in the mind of any reasona-
ble man to the eligibility of the Judges, arises from the
possible effect that may be produced by the necessity it puts
them under, of soliciting the votes of the electors. No
well grounded objection can be oflered to their sitting in the
house when they are elected. On_ the contrary, their
talents and superior knowledge must render them highly
useful, and were it not for other considerations highly desi-
rable members. I cannot but exceedingly lament, that a
measure which | consider as beneficial to the country
should not have taken effect. The people however in the
disappointment of their expectations will do me the justice
to acquit me of being the cause that so little of the public
business has been done.”

On his entrance and departure from the
council chamber, the governor in chief was

+s ‘ 7
cheered by the people, with loud and repeated
acclamations. His military promptitude again
exceeded the expectations of the canadian
public, (a very large majority of the popula-
tion) who, nevertheless, universally expressed
iheir resolution of reélecting the late. mem-
bers, entertaining the opinion, that the gover-
nor, influenced by the judge, only wished to
screen him from the ignominy of an expulsion,
which they were told ‘and willing to believe the
assembly had a right to insist upon, and‘that its
behests in the matter were tantamount to a law.

After the dissolution, addresses flowed in
upon the governor from all quarters. The city

ning so, but

e conscious-
ost likely to
ery possible
ed for, and
ut the only
ny reasona-
3 from the
Pssity it puts
ectors. No
sitting in the
‘trary, their
them highly
highly desi-
nent, that a
the country
ever in the
» the justice
the public

from the
hief was
repeated
ide again
canadian

popula-
xpressed
te mem-
1e gover-
vished to
‘pulsion,
lieve the
dihat its
to a law.
»wed in
Phe city

307

and county of Quebec, the city of Montreal, .,,,.,
the inhabitants of Terrebonne, the town of xu.
Three Rivers, the Borough of William Henry, “~~
the counties of Warwick, Orleans, and various seas
other parts, were conspicuous on the occasion,
addresses coming from each. ‘The late mem-
bers, assisted by their friends, in the mean time,
exerted themselves diligently to secure their,
reélection. Songs, and pasquinades adapted

to the vulgar tas‘e, and calculated to rouse the
baser passions were composed and circulated ;

the ** Canadien’? teemed with diatribes, ad-
dresses and abusive observations on the occur-
rences of the day, and the measures of the exe-
cutive ; while on the other hand, the discovery

of cabals and plans of insurrection and rebellion,
were myster!ously whispered amoung those con-
nected with tue government. At one moment

it was rumoured that the french minister in
America had supplied large sums in gold, to
promote the views of the seditious in Canada ;

at another, that the whole of his correspond-
ence had been intercepted by some confiden-
tial agents of our government. ‘These reports,
though utterly groundless, and treated by the
adverse party as malicious fabrications, were,
nevertheless, evidently intended to prepare
the public mind for another crisis.

The assembly having “resolved to vote in
the present session the sums necessary for pay-
ing all the civil expenses of this province,” it
may be satisfactory to look at its revenues dur-
ing the year (1810) and the sources whence

a SI

a
co -
SSE EET RANT CSR gh RICE

A

warn

308

Chap. they were derived. The reader, by referring
xU. back to page 202, in which he will finda
~ statement of the provincial revenues and ex-
aries for 1799, will perceive the increase
made during the last ten years, yoon the
income and outlay of the province :—

LstQ.

Account of Provincial Revenue collected and received

between the 6th January, !810, and 6th January, 1811:—

No. 1. Casualandterritoriairevenue - - - ~ £4292 9 44
2. Duties under the Statutes of
aha 1l,&4& 6

II. ~ - ” . - 151 10 44

J Dit beciiey the Statute of the .
3. Ith Geo. UL. £11867 6 103
} Licences under aoe ers 1602 0 0
a 13459 6 10

4. Duties under the prov. act 934 Geo. IIT,, 2814-2 -2
( Licences under doof 35thdo. 1714 0 0

5. 2 Duties under do, de. do. 19910 15 34
nnn §=21G94 15 8!

§ Licences under do. 41st do. tore OF O

6. ? Dutiesunder do. do. do. 1487 13° 3
sccamentennemecinie tant 1962 13 3
7. Ditto under do. 45th do, - - = 2267414 104
8. Pilotage Duties under do. do, - =~ - i874 Th 62
9, Licences under do. 47th do. -— - - 4° 0

10. Dutiesunder do. 4&th do,

Cap. 19th - - “ - er 800 9 104
11. Ditto under do, Cap. 34th, oh 512 «42.74
12. Fines and Forterures 5 . a < 175 12 64

Currency £70336 103.
Errors excepted,
Quebec, 7th February, \8il,
J. HALE

Inspr. Genl; P. P. Accts.
Of the above, it is to be observed, only the
Ist, Qd, 8d and 4th items were applicable
towards defraying the administration of justice
and civil government, together with £5,000,
sterling more, under the the 35th Geo. IIL,
yor the same purpose, making in all something

y referring
will find a
es and ex-
e increase
upon the
and received
IV, 1811
£4202 9 44

lol 10 Gf

} ) 6G 102
ZOE: 2 us
21624 15 3}
1962 13 3
22674 14 104
1874 11 3
t+ 0: CQ

i) 9 104

I > 4 d

£70396 10 3
°

PP. Accts.
l, only the
a applic able
of justice
, £5,000,
Geo. IL.,

something

309

over £26,000, currency. ‘The surplus was for chap |
tas ; tout XITi.
the most part unappropriated monies remaining *! }

at me disposal of the legislature. Th

, expenses IS10

of the civil government, for the year, were H]
£49,347, sterling, including £3,964, * being + H|

= ° * 7 e eu
the just proportion of duties imposed by the |

legislature of this province, that the province i
of Upper Canada was entitled to receive e,
between Ist January and 31st Decembe
1809.” Besides this, were ihe expenses of ae € i]
legislature, i including salaries and contingencies \]
amounting to £3,7: 34, currency }
By returns laid before the legislature, it ap- |
pears that the number of vessels entered at the Al
port of Quebec, and cleared was 635—tonnage,
138,057. Vessels built and cleared 26-—ton-
nage 5,836. The returns of the previous yeat 1
(1809) state the arrivals at 433 vessels—ton-
nage 87,825, without specifying the number
buil t at Quebec, and cleared out. REY reve-
nue for the same year is stated at £67,952,
currency, al nd the expenditure £ 521, ster: |
ling, besides salaries and contingencies of the
legislature, £2,246,

Currency.

310

CHAPTER XIII.

Observations on times past, and pre sent—the press—
hitherto not beneficial in Canada—violent seizure of the
press of Le Canadien—imprisonment of certain gentle-
men connected with it--remarks-—-presentment of the
grand jury at Quebec—application in favor of prisoners
for habeas corpus—-refused—some of them released on
account of their health-—judge De Bonne retires from the
hench - Craig's road made—-parliament meets—Mr.
Panet again speaker—-speech — message relating to Mr.
Bedard address of the sane MUly -ROTEP reply of the
governor— bill passe d as desired by the governor—resolu-
tions of the assembly relating to Mr. Bedard, and address
to the governor— not presented — mise ellane ous proceed-
ings—favorable conclusion of the session and proroga-
tion——governor’s character-——Mr. Bedard’s enlargement—-
governor's allocution to the executive council concerning
him—-retires from the government—--a remarkable general
order by him—— postscript—documents i nit teresting to his-
tory.

Chap. UNTmL recent times and the crises just
xIli. noticed, we have seen but harmony in the
—~ legislature, and among all classes in the
province, with peace and plenty throughout
the land. We are now entering upon a
period of transition wi that happy state,
to one of agitation and discord, stirred up
by candidates for popular favor and support,
and the political intrig vers in their interests, in
the various quarters of the country, mischie-
vously working upon the prejudices of national

a7

—the press—~-
seizure of the
ertain gentle-
tment of the
‘ of prisoners
1 released on
tires from the
mects——Mr,.
lating to Mr,
reply of the
Thor——resolu-
» and address
20us proceed-
and proroga-
nlargement——
il concerning
‘kable general
esting to his-

rises just
ny in the
s in the
hroughout

upon a
py state,
stirred up
| support,
terests, in
mischie-
f national

ol}

origin in the people, and for which, it is alsO Chap
true, pretexts were sometimes found in oceca- XU.

sional remarks trom english prints in the colony. jg
The press in Canada, consisted at this time
in all, but of five week'y papers, three of them
issuing at Quebec,—that is to say,—** The
Quebec Gazette,” the first and oldest paper
in Canada, then, as still, in the hands of
Mr., now the honorable John Neilson,—the
Nestor, as for his wisdom, discretion and
ability, as an editor, he is justly called,
of the canadian press—then ; wolished in both
languages, and the official paper of the govern-
ment, from its establishment. Secondly,—
The Quebec Mercury,” published wholly in
english, by Thomas © ary, esquire, as already
stated; and thirdly, “Le Canadien,” in french,
owned by a variety of individuals who had set
it on foot by subscriptions, and who paid their
own editor, generally a person without any
determinate interest in the concern, and hire
for the purpose. ‘The two others were “ The
Montreal Gazette,” established originally
1778, and published in both tanguages by Mr.
James Brown, and * Jhe Courant,” of the
same city, published in exc'sh by Mr. Nahum
Mower. <A more respect. ‘ess did not
exist In any province of the vriuoi empire, at
this period than that of Lower Canada. Sin-
cerely do we wish that as much could be said
of it, in this our present day.
But this, admirable engine,—dreaded alike
by the despot and the demagogue, —omnipo-

}

1810.

ee

————

a

Cha

_ tent for good or evil, according to the hands

xf. that direct it, has not, however, been so far, in

—~ Canada, a fortunate

1810

experiment, but rather the
‘reverse. It has scattered abroad the seeds of
discontent, destroyed harmony, produced dis-
union and division between fellow subjects, on
the idle score of their difference of origin and
of language, fomented party spirit, agitated and
arrayed the people in masses against each other,
ihe final effects of all which it is impossible to
foresee, though we may but too surely count
upon results any thing but desirable. If the
liberty of the press be a blessing, as on the
whole no doubt it has been, and is, to man-
kind, it also has its attendant curses. But let
us not despondingly abandon altogether hope
of a reform in it also, as in other things.—It
would be premature to pronounce ita failure,
as yet only at the outset as it were, of its mission
in Canada,—nor too hastily conclude, from the
temporary evils we have telt and feel from it,
that in the long run, its advantages may not, on
the whole vastly outweigh, even with us, the
inconveniences resulting from it, in the strife
and dissensions we have occasionally been
involved, principally by means of it—More
powerful than the countless legions of the
mightiest autocrat that ever swayed a sceptre,
like them, its influences must also be ruled
by a superior, though to us invisible, but all-
wise and benefic ent power for good purposes.

Holding on progressively its steady course,
preceded by letters, those magic harbingers of

the hands
n so far, in
rather the
eC seeds of
duced dis-
ibjects, on
origin and
ritated and
each other,
possible to
rely count
ie. If the
as on the
s, to man-
;; But let
ther hope
things.—It
it a failure,
its mission
e, from the
2-el from it,
ay not, on
ith us, the
the strife
nally been
it—More
ns of the
a sceptre,
» be ruled
e, but all-
| purposes.
y course,
‘bingers 01

313

light to the human mind,

wealth and firmest power—gathering as it goes

fresh and increasing strength from the dissemi-
nation of its own exhaustless elements, and in
character peculiarly christian, it pervades and
will subdue the world to its dominion, bear

ing religion, civilisation and freedom, to the
remotest ends of the earth.

The province, by this time, from the agita-
tion that had arisen, was divided into two
distinct pfarties; the one canadian, of french
origin, and opprobriously called (for they did
not choose to be termed french, an appellative
odious in its application to them, and theretore
offensive, although the notion of a “ la nation
canadienne” and “ nationalilé”’ was not yet in
vogue,) the french party, consisting principally
of the rural and agricultural population ; the
other british, comprising all, or nearly so, of
british birth or descent in the province, includ-
ing the commercial body, without scarcely an
exception, each now unhappily animated against
the other by a blind party spirit, and fierce
almost to hostility and the knife, imputing to
each other the most iniquitous and absurd
view Ss and bandying abuse; the one set charac-
terising their opponents by the odious cant terms

OF anti- canadiens, choyens, or anglais” —
those of “ frenchmen, democrats, boutefeus,

being as freely and indeed angrily bestowed in
return by the other class.—The apparent origin

pd

. conque ring and to Chap.
conquer,”’——in itself an empire, dispensing in*
its career knowledge to the nations, their best .)o

Xi

314

xii! of these parties is to be found in the conflict

__, previously noticed between the commercial and

1810 agric ultural interests with respect to the “ gaols’

bill,” rater than in any prejudices of national
origin, Which, however, having slumbered
till then, there is no doubt that this struggle
awakened on both sides.—But antipathies of a
far different and deeper nature had been kin-
dled in their progress, and threatened to involve
the whole social fabric in conflagration.

-The storm that had been’ gathering for some
time, was now ready to burst. The elections
were approaching, and the executive seemed
determined to strike a blow, that would sur-
prise the people, and silence their leaders.
-—On the 17th of March, a party of soldiers
headed by a magistrate and two constables,
proceeded to the Canadien printing office in
Quebec, under the sanction of the executive,
where having forcibly seized the press, with the
whole of the papers of every.description found
inthe house, they conveyed them to the vaults
of the court-house. The printer* was appre-
hended,and after examination before the counci!
committed to prison. ‘lhe guardsin the mean-
time were strengthened, and patrols sent in all
directions through the city, as if an insurrection
were expected. The public, struck at these
appearances of unusual precaution, remained
in suspense ; expecting an official revelation |
of some deep laid conspiracy.t The Montreal!

* Mr. Lefrancois.
The event alluded to was noticed in the Quebee Mercury, of th®
19th March, 1810; but, to enable the reader to understand the sens¢

he conflict
mercial and
the * gi aols’
of national
slumbered
nis struggle
jpathies of @
id been kin-
ed to involve
ration.
‘ing for some
Che e elections
utive seemed
would sur-
heir leaders.
Ly of soldiers
0 constables,
ting office im
he executive,
press, with the
scription found
Lm to the vaults
or* was appre-
‘ore the ¢€ council
isin the mean-
trols sent im all
an insurrection
ruck at thes
ition, remained
ficial revelation

The Montrea'

nebec Mercury of th®
to understand the sense

315

courier was detained beyond the usual time, cha

with a view as it was said, of preventing a_re-
port of the measures resorted to from spread-

entertained of the language and doctrine of the Canadien,” by the
** Mercury,’ which may be considered as expressing the opinions of the
british public, upholding it, an article preceding the announcement in
that paper of the seizure of the press of Le Canadien, is givenas below
[tis impossible in a work of this nature to produce the articles to
Which the I:ditor of the Mercury refers—all that can be said here upon
the subject, and that in fairness, to put the reader on his guard, ought to
be said, is, that these two papers,‘ The Quebec Mercury” and‘ Le Cana-
dien,”’ were antagonistic in polities ; the former english and governmet:
tal, the latter french canadian, and in opposition to the executive, and
consequently that the reader may take the observations for just what
he may think them worth. It may not be inappropriate to add also, that
times and taste have so much altered in Canada, inthis respect, that
ifthe productions which, in that day, were termed seditious, were
now to be reproduced in the public journa is, they would seem very
pitiful and flat indeed, compared w ith those of every day occurrence
and in both languages ;—

«* None who have read the !ast numbers of the Cunadien but must
be struck with the doctrine :epeatedly incweatcd in therm, partic
larly in No. 15, that the public have not the | tinkt tocensure or exa-
mine the conduct of the house of assembly, formed of rnen deputed by
the people, to act for them. By this mode oft reasoning the represen-
tafives of the people, may run into every species of ma dness, even to
the privation of every right and every shilling the people possess, and
not a word is to be uttered on the subje ‘et, but in such a way as these
petty tyrants may think proper to dictate.

‘¢ We are at a loss which to admire most, their tyrannical spirit o1
their consummate vanity. A striking proof of the latter is that they
will allow no one to bea judge of the question of the expulsion of
judge De Bonne but themselves. ‘ They say, of all those who signed
the “Quebec address to his excellency, not one is capable of understand-
ing the nature of the question.

‘ Thus much on the part of the people. On the part of the govern-
ment we take leave to observe, that in a dependence suc h as this colo-
ny, When we see the government daily flouted, bearded and treat ed
with the utmost disrespect and contumely, with the view of bringing
it into marked contempt, we expect nothing less than that its pati-
ence will be exhausted, and energetic meusures resorted to, as the only
efficient ones.

‘« From any part of a people conquered trom wretchedness into every
indulgence and the height of prosperity, such treatment as the govern-~
ment continually receives, is’ far different from what ought to be
expected.

«“ After the the late conciliatory step, proposed by the king’s
representative, at the opening of the last session of our parliament
we cannot help viewing the returns made as the most incorrigible

ON te!

XIII

316

Chap.Ing abroad, until the expected discoveries
“were made. Three successive days were
isi0. occupied by the magistrates and law officers of

the crown in examining the papers seized. On
the 19th of March, three french canadian gentle-
men* were apprehended under warrant, signed
by three members of the executive council and
committed to prison. ‘Three others in the dis-
trict of Montreal} were in like manner commit-
ted, all, on a charge of treasonable practices.
These commitments it 1s scarcely necessary to
observe were made under the “act for the
better preservation of his Majesty’s govern-
meat.” No discovery of any importance re-
sulted from the search, but the hasty imprison-
ment of the gentlemen mentioned, gave cur-
rency ‘to the tales of intended insurrection that
were circulated, and it was generally under-
stood that the government was in full posses-
sion of all the circumstances of the supposed
conspiracy. There is, however, to this day, no
proot before the public of the slightest plan to
subvert the government: and the reader, in
the absence of just grounds for such a pre-

sumption, as well as from the enlargement of

tnornétiude: 3ut there are characters in the world, on whom benefits
have no other effect than to produce insolence and insult.

The stroke is struck.—The Canadien has received its mortal
blow.—The greatest misfortune that can ever happen to the press is
‘or ii to be in the possession of invisible and licentious hands. We
ay no more—We war not with the dead.”

* Messieurs Bedard, Blanchet and Taschereau, members of the late
House of Assembly.
{ Messietirs Pierre Laforce, Pierre Papineau of Chambly, and
Francois Corbeil of [sle’ Jesus.
4

iscoverles
lays were
officers of
ized. On
jan gentle-
nt, signed
ouncil and
in the dis-
er commit-
practices.
xcessary to
ict for the
y’s govern-
yrtance re-
y imprison-
gaye cur-
rection that
ra under-
full posses-
1e supposed
this day, no
test plan to
reader, in
uch a pre-
Argement of

on whom benefits
isull.

ceived its mortal
yen to the press is
tious hands. We

embers of the late

f Chambly, and

the prisoners without trial, is left to judge chap.
whether the proceedings resorted to on the XIU

occasion were the result of well grounded jgji0.

apprehension of disturbances, or an unnecessary
exertion of power. ‘There certainly was much
excitement throughout the province, from the
agitation of party leaders, oat ally profes-
sori men residing in the cities of Quebec and
Montreal, their partisans and the petty dema-
gogues In their interests, but which, if left alone,
would probably have burnt itself out.

On the 21st of March, the Governor issued
a proclamation.* ‘The earnestness that flows

(tere nee

* This remarkable proclamation, evidently the production of a
haughty but generous mind, is given to the reader, as a piece of lite-
rature, not only worthy of his perusal, but of being placed on record
for perusal in after times :— .

‘« Whereas divers wicked, seditious and treasonable writings have
been printed, published and dispersed in the province, with the care
and government of which | am entrusted ; and whereas such writings
have been expressly calculated to mislead his Majesty’s good subjects,
to impress their minds with distrust and jealousy of his Majesty’s
government, to alienate their affections from his Majesty’s person,
and to bring into contempt and vilify the administration of justice,
and of the government of the country ; and whereas, in ‘he prosecu-
tion of these wicked and traitorous purposes, their authors av |! abet-
tors have not scrupled audaciously to advance the most gross and
daring falsehoods, whilst the industry that has been employed, in
dispersing and disseminating them at a ve ry great expence, but the
source of which is not known, strongly evinces the perse verance and
implacability with which it is intended that these purposes should be
pursued ; and whereas, consistently with that duty, which | owe to
his Majesty, and that affection and regard with which I view the

welfare and prosperity of the inhabitants of this colony, it was im-
possible for me any longer, to disregard or suffer practices so directly
tending to subvert the government of the former, and.to destroy the
happiness of the latter, [do therefore, hereby announce, with the
advice and concurrence of his Majesty’s executive council, that with
the same advice and concurrence measures have been adopted, and
that due information having been given to three of his Majesty’s said
executive councillors, warrants as by law authorized, have been
issued under which seme of the authors, printers and publishers of
the writings aforesaid, have been apprehended and secured

pdz

Chap.
UL.

‘a ed

1810

318

through this production shews the determination
with which he intended to persevere in his
measures, evidently theresult ofa conviction on

Deeply impressed with a desire to promote, in all respects, the
velfare and happiness of the most benevolent and best of Sovereigns
whose faithful servant I have been for nearly as long a period as the
yidest inhabitant has been his subject, and whose highest displeasure
{ should incur, if [ made any other than that happiness and welfare
he gule of my conduct, it woulu indeed be with a very sincere con-
‘erm, that I should find reason to believe that the arts of these factious
mid designing men had produced any effect, and that doubts and
jealousies should have-found their way, and have established them-
selves in the minds of deluded persons.

To these, if any such there be, and indeed to the public in general,
| would recall the history of the whole period during which they have
been under his Majesty’s government. Let them remember the state
they were in when they became british subjects ; and let them bear
in their rec collection the progressive advances they have made to the
wealth, pplness, security and unbounded liberty which they now
enjoy. Dun ing fifty years that they have been under the english
dominion, has one act of oppression—has one instance of arbitrary
imprisonment—or of violation of property, occurred? Have you
ut any one instance, or under any one circumstanee, been disturbed in
the free and uneontrolled enjoyment of your religion—and lastly,
vhile all Europe has been deluged in blood, aid while various of his
Majesty’s other colonies and possessions have at times experienced
the horrors of war, and some even under the vicissitudes of that state,
liave undergone a deprivation of their inestimable happiness of living
inder british laws and british government, by becoming a prey to
temporary conquest, have you not enjoyed the most perfect security
ind tranquillity under the powerful protection of that same govern-
nent, whose fostering and paternal care has been equally employed
in promoting your internal welfare. :

‘ What then can be the means used by these evil disposed and wicked
persons, by which they can hope to bring about their traitorous and
ambitious desigus— by what arguments can they expect that a people,
nthe enjoyment of every blessing that can contribute to happine SS
n this world, shall renounce that happiness, toembrace their views 4
8y what argument can they expect thata brave and loyal people,
hitherto impressed with the warmest and sincerest attachment to the
best of Kings, whose whole reign has been one series of benefits bes-
ree ou them, shall abandon that loyalty and become monsters ot

ngratitude, fit to be held up to the detestation of the world, to pro-
moie their projects ? Itis true, the most base and diabolical false-
hoods are insidiously promulgated and disseminated. {In one part it
is amiounced as my intention toembody and make soldiers of you, and
that haviog applied to the late house of representatives to enable me
to assemble twelve thousand of you for that purpose, and they hav-
ing declined to do so, [ had therefore dissolved them. This is not

armination
ere in his
nviction on

ill respects, the
t of Sovereigns
a period as the
rest displeasure
ess and welfare
‘ry sincere con-
i these factious
hat doubts and
tablished them-

yublic in general,
which they have
nember the state
nd let them beat
ave made to the
which they now
ader the english
nee of arbitrary
red? Have you.
been disturbed
ion—and lastly,
ile various of his
mes experienced
udes of that state,
}ppiness of living
ying a prey to
t perfect security
at same goverh-

qually employe id

sposed and W icked
eir traitorous and
yect that a people,
bute to happiness
race their views !
nd loyal people,
ittachment to the
es of benefits bes-
ome monsters ot
1e world, to pro-
i diabolical false-
i. In one partit
yidiersof you, and
ves to enable me
», and they hav-
em. This ts not

however, does not afford an instance of the trial,

ofa single individual in the colony, for treason or bef

only directly false, such an idea never having entered into my mind
nor the slightest mention having ever been mé ade of it; but it is doubly
wicked and atrocious, because it has been advanced by persons, who
must have been supposed to speak with certainty on the subject, and
was therefore the more valculated to impose upon you. In another
part you are told that [ wanted to tax your lands, and that the late
house of asse mbly would consent only to tax wine, and that upon
that account, I had dissolved the house. Inhabitants of St. Denis !
this is also directly false, 1 never had the most distant idea of taxing
you at all, such had never even been for a moment the subject of my
deliberations, and when the late house offered to pay the civil list, |
could not have taken any step in a matter of such importance without
the King’s instructions, and therefore it was still long before we came
to the consideration of how it was to be paid. In truth not one word
was ever to my knowledge mentioned on the subject.

‘In other parts, despairing of producing instances from what I have
Sse, recourse is had to what [ intend to do, and it is boldly told you,
that [ mean to oppress you. Base and daring fabricators of falsehood,
on what part or what act of my life do you found such an assertion ?
What do you know of me or my in tentions 2 Canadians, ask of those
to whom you formerly looked with attention and respect, ask the
heads of your church who have opportunities of knowing me; these
are men of honor and knowledge, these are men from whom you
ought to seek for information and advice ; the leaders of faction, the
demagogues of a party, associate not with me; they cannot know me.

‘ For what purpose should I oppress you ? Is it to serve the King ?
Will that Monarch, who during filty years has never issued one order
that had you for its object, that was not for your benefit and
happiness—-will he now, beloved, honored, adored by his subjects,
covered with glory, descending into the vale of years, accompanied
with the prayers and blessings of a grateful people, will he,
contrary to the whole tenor of alife of honor and virtue, now
give orders to his servants to oppress his canadian subjects? It is
impossible that you can fora moment believe it. You wul spurn
from you, with just indignation, the miscreant who will suggest such
a thought to you.

‘Is it for myself, then, that I should oppress you ? For waat should
[oppress you? Is it from ambition? What can you give me {—Is
it for powe) Alas! my good friends! with a life ebbing not slowly
to its period, under the pressure of disease acquired in the service of
my country, I look only to pass, what it may please God to suffer to
remain of it, in the comfort of retirement among my r friends. L re-
main among you only in obedience to the commands of my King
What power can I wish for? Is it then for wealth that [ would op-
press you? Enguire bd those who know me, whether I regard
wealth; J never did, when | could enjoy it: it ig now of no use to

his mind of their expedience at this crisis, which, chap

her setemnerecnnenner ne em

en

IRN Se RI AOI A EAI I Ne oy

320

Chap. even sedition. In truth, the heat and bias of the
~ _ times were such, that it is probable no convic-
ig10. tion, nor indeed dispassionate and impartial

trial, by jury, however guilty the accused might
be,could have been obtained, as in aftertimes In

me; to the value of your country laid at my feet, | would prefer the

consciousness of having, inasingle instance, contributed to your hap-

piness and prosperity.

“ These personal allusions to myself—These details, in any other case
might be unbecoming, and beneath me; but nothing can be unbecom-
ing or beneath me that can tend to save you from the gulf of crime
and calamity, into which guilty men would plunge you.

‘Itisnow my duty, more particularly to advert to the intent and
purpose for which this proclamation is issued ; I do, therefore, by
and with the advice of his Majesty’s executive council, hereby warn,
and earnestly exhort all his Majesty’s subjects, to be on their guard
against, and to be cautious how they listen to the artful suggestions
of designing and wicked men, vho, by the spreading of false reports,
and by seditious and traitorous writings, ascribe to his Majesty’s
government evil and malevolent purposes, seeking only thereby to
alienate their affections, and lead them into acts of treason and rebel-
lion, calling upon all well disposed persons, and particularly upon all
curates and ministers of God’s holy religion, to use their best endeav-
ours to prevent the evil effects of such incendiary and traitorous
doings, to undeceive, to set aright, suchas may have been misled by
them, and to inculcate in all, the true principles of loyalty to the
King, and obedience tu the laws.

«And I do hereby further strictly charge and command all Magis-
trates, in and throughout the province, all captains of militia, peace
officers, and others, his Majesty’s good subjects, that they do severally
make diligent enquiry and search, to discover as well the authors, the
publishers and dispersers of all such wicked, seditious and traitorous
writings as aforesaid, and of false news in any way derogatory to his
Majesty’s government, or in any manner tending to inflame the pub-
lic mind, and to disturb the public peace and tranquillity ; to the end
that by a vigorous execution of the laws, all offenders in the premises
may be brought to such punishment as may deter all persons from
the practice of any acts whatever which may in any way affect the
safety, peace or happiness of his Majesty’s loyal and faithful subjects
in this province.

‘Given under my hand and seal at arms, at the castle of Saint Lewis,
in the city of Quebec, im the said province of Lower Canada, this
twenty-first day of March, in the year of our Lord one thousand
eight hundred and ten, and in the fiftieth year of his Majesty’s
Reign.

: “J. H. CRAIG, Govr.

« By his Excellency’s Command,

, JNO, TAYLOR, Depy. Secy.”

vias of the
0 convic-

impartial
ised might
ertimes In

yuld prefer the
ed to your hap-

,any other case
an be unbecom-
gulf of crime
u.
o the intent and
», therefore, by
, hereby warn,
on their guard
‘ful suggestions
of false reports,
» his Majesty’s
mly thereby to
eason and rebel-
icularly upon all
reir best endeav
r and traitorous
been misled by
’ loyalty to the

mand all Magis-
of militia, peace
they do severally
| the authors, the
is and traitorous
erogatory to his
inflame the pub-
Nity ; to the end
in the premise: 8
1] persons from
way affect the
faithful subjects

e of Saint Lewis,
wer Canada, this
Lord one thousand
of his Majesty’s

AIG, Govr.

cases far more evident. of sedition, and, in fact, chap.
XIU.

Sl Mi al

of treason and murder, was exemplified. ‘The
clergy being expected to support the govern-
ment on the present occasion, the proc lamation,
in obedience to its wish was publishe d, in some
instances, in the church, during divine service,
in others, but with sceming reluctance e, at the
church door only, after its conclusion.*

The Chief Justice Sewell at the opening of

the criminal sessions in March, in delivering
his charge to the grand jury, called their
attention to the tendency of the occurrences,
that had givenroom to the proclamation, w hich
he read on the occasion. The grand jury in
answer to his speech, drew up an address to
the court in which they animadverted strongly

upon certain numbers of the Canadien, and
other productions issuing from that press, as
dangerous to the peace and security of the
colony. They in like manner expressed their
displeasure at divers productions in the sine
bec Mercury, calculated to excite jealousy and
distrust in the minds of his Majesty’s canadian
subjects, leaving it to the wisdom of the court

* The following paragraphs, in relation to the subject, appeared in
the Quebec Mercury of 2d April, 1810:—

‘«‘ Yesterday, the late excellent proclamation of his excellency the
governor in chief was readin the cathedral parish church. The
catholic bishop preached on the occasion.

‘* At one o’clock, (same day) a numerous deputation of habitan/s,
presented to his excellency a loyal and aflectiouate address trom the
habitants of the county of Orleans, expressi\ e of their attachment to
the king ; abhorrence of certain seditious papers which have been

circulated among them for some years past ; and thanking his exe el-
leney for his firmness in putting a stop to their course. ‘They furthe
e xpress their sensibility and gratitude for the truly paternal prociama
tion lately issued by his excellency.—It was-signed by 671 habitants.’

1810

322

Chap. to adopt such measures thereupon as might be
found expedient: and concluded by disclaim-

1810. ing a wish to encroach upon the genuine free-
dom of the e press, stating that the abuse of this
inestimable privilege, which could only tend
to a subversion of order, was the subject of
their animadversion. The chief justice was
thought to have exceeded his province, in
publicly reading on the bench the proclamation,
asa thing foreign to the sacred functions of
his post, and which, at that moment, the country
was striving to keep aloof from politics.

In the April term of the court of King’s
bench for Quebec, an effort was made to obtain
a habeas corpus for one of the gentlemen (Mr.
Bedard) detained in prison, but failed. © The
failure of this application left no alternative to
the prisoners, but a patient submission to their
imprisonment, until the governor should be
pleased to bring them to trial, or release them,
which there ts reason to believe he immediately,
onan appeal to hisclemency, would have done.
In July following, one of the gentlemen ‘con-
fined in the jail at Quebec, falling seriously ill,
was released: another was also shortly after
released trom the same cause ; and the printer,
finally, in the month of August, was also turned
out of prison. They, however, previous to
their enlargement, gave security to appear and
answer such bill of indictment as might be
afterwards found against them: a precaution
intended to save appearances, no bill having

s might be
disclaim-
uine free-
ise of this
only tend
subject of
istice was
ovince, In
clamation,
inctions of
he country
cs.
of King’s
e to obtain
emen ( Mr.
led. The
‘rnative to
on to their
should be
ease them,
mediately,
have done.
Pmen ‘con-
sriously ill,
ortly after
he printer,
also turned
previous to
appear and
might be
precaution

bill having

agitators with

officers.

The September
court elapsed without any attention to the
prisoner remaining in confinement, Mr. Be-
dard, who solicitous for a trial, had repeatedly
refused enlargement, without the opportunity

of vindicating his reputation by the verdict of a
jury. He inflexibly insisted on the integrity
of his conduct and political opinions, repu-
diating the imputation of treason or disaffection
to the. person or government of his Sovereign:
and the Viceroy himself, was heard to express
esieem for the consistency of his conduct.

The period at which we are arrived, has
been termed, by whom the reader may easily
divine, the reign of terror. The peremptory
measures of the Governor struck indeed the
dismay; but though he had
alarmed them, he had not subdued the spirit
of the people. The elections for the new par-
liament took place in April, and the late mem-
bers were for the most part again returned.

The Judge upon whose account the present
difficulties had originated, under the prospect,
it was sald, of being called to the legislative
council, did not again present himself. He
however was not called thither ; > and we are
left to conjecture, whether he declined his re-
election through a false promise from the
administration to that purpose, as was subse-
quently reported, in order to induce him to
to retire, and by thac means put an end to all

everafterwards been presented by the crown chap
XI,

session of the criminal (yj¢.

eNO ERY NAOT a | NNR ee HAMM tet

Chap. strife on his account, or whether disgusted,

XII with the intrigues and animosity of the times,

ig10, he consulted his tranquillity by a spontaneous
retirement. He soon after resigned the judge-
ship.

The prisoners confined at Montreal, where
they had suffered all the inconveniences and
discomforts of adamp and unhealthy prison,
and the severity of a surly janitor, were suc-
cessively released. One of them™ is said 1
have died of illness contracted during his it
prisonment. The Governor in the meantime
turned his attention to the improvement of the
interior of the province, as well as to the cities
of Quebec and Montreal: to which he ap-
pointed chairmen to preside in the courts of
quarter sessions, with annual stipends. He
caused a road to be opened from St. Giles, on
the south side of the St. Lawrence, in the
vicinity of Quebec, to the township of Shipton,
near the provincial boundary line, known as
“ Craig’s road,” a distance of upw ards of sixty
miles, by a detachment of troops, affording. by it
a short and easy communication between the
new townships, and the Quebec market, and
a direct road from Quebec to Boston.

The new parliament (the seventh of Lower

Canada)+ met at Quebec on the 12th of De-

-

* Mr. Corbeil.

+ The representatives chosen for this parliament,were as follows :-—

Borough of Three Rivers, Maithew Bell and Thomas Coffin ;
Jorough of William Henry, Edward Bowen; County of Surrey,
Pierre Bedard and Joseph Bedard ; Lower Town of Quebec, Pierre
Bruneau and John Mure ; County of Orleans, Charles Blouin; East
Ward of Montreal, Joseph Papineau and Stephen Sewell ; County of

disgusted,
the tmes,
J penne
dthe judge-

treal, where

miences

and

thy prison,

were

9

4

n* is said t

ving his im-
he meantime
ement of the
s to the cities
vhic ch he ap-

he courts of

stipends.

He

St. Giles, on
rence, in the
i of Shipton,
known as

Ww ne of sixty
affording. by it
between the
market, and

HStOne

nth of Lower
> 12th of De-

it, were as { lows te

and Thomas Coffin ;
County of Surrey,

wn of Quebec, Pierre§
Charles Blouin ; Fast

Len Sewell ;

County ot

325

cember 1810, and the house of assembly hav- Chay
ing re-elected their former speaker the Gover- *"!!

ete!

nor after again approving of their choice, jaro
informed them by his speech :—

‘** That as he had never doubted the loyalty and zeal of the
several parliaments which he had occasion to meet since
he assumed the administration of the government of the
province ; so he relied with equal assurance, that he would
not fail to experience the same principles in that which he
was then addressing: and that in the confident expectation
that they were animated by the best intentions 10 promote
the interests of his Majesty’ s government, and the welfare
of his people: he should look for the happy effects of such
u disposition in the tenor of their deliberations and the. dis-
patch of the public business.

‘¢ | desire to call your attention (said he) fo the temporary
act for the better preservation of his Majesty’s government,
as by law happily established in this province, and to that
for establishing regulations respecting auens or certain sub-
jects of his Majesty who have resided in France. No change
has taken place in the state of the public affairs, that can

were

Warwick, James Cuthbert and Louis Olivier ; County of Devon, J. B.
Fortin and F. Bernier; County of Hertford, E. F. Roi and Frangois
Blanchet ; County of Quebec, Louis Gauvreau and Jean Bte. Bedard :
Upper Town of Quebec, James Irvine and C. Dénéchau ; County ot
Montreal, Louis Roi Portelance and J. B. Durocher - West Ward otf
Montreal, E. N. St. Dizier and Arch. N. M’Leod ; C ‘ounty of Lein-
ster, Jac. Archambeault and D. B. Viger ; County of Richelieu, Ls.
Hourdages and tyacinthe M. Delorme ; “County of Effingham, J.

| Meunier and Jos. Malbmeuf dit Beausoleil ; County of Northumber-
land, Thomas Lee and Joseph Drapeau ; C ounty of Dorchester, Pierre

Langlois and John Caldwell; County of Hampshire, Francois X.
Larue and Francois Huot; County of Buckingham, F. Le Soh
and J, Bte. Hébert; County of Saint Maurice, M. Caron and Frs
Caron; County of Bediord, Ale xis Desbleds ; Couaty of York, Pie Te
St. Julien and Francois Bellet; County of Cornwallis, J. L. Borgia
and J. Robitaille; County of Kent, L. J. Papineau and P. D. De-
partzch 3 County of Huntingdon, J. A. Panet and Edme Henry ;
‘ounty of Gaspé, G. Pyke.

‘The reader will perceive that the names denoting an english origin,
3) are now, as henceforward they will be, on the decreas:

E €

cenit eS E A AIA OLED OTE SILOM EAA ALAA

a

> hap.
XHL

1810.

326

warrant a departure from those precautions and that vigilance
which have hitherto induced all the branches of the legisla-
ture to consider these acts as necessary. In saying that
they ave important to the interests of his Majesty’s govern-
ment, you will not, [am confident, fora moment Suppose,
that [ mean to divide these from the interests of the public :
they are inseparable. The preservation of his Majesty's
government is the safety of the province, and its security is
the only safeguard to the public tranquiljity. Under these
considerations J cannot therefore but recommend them,
together with the act making temporary provisions for the
regulation of trade between this province and the United
States, to your first and immediate consideration.”
Ile intreated them to believe, that he should have great
satisfaction in cultivating that harmony and good understand-
ing which must be so ¢ onducive to the prosperity and happi-
ness of the colony, and that he should most readily and
cheerfully concur, in every measure which they might pro-
pose, tending to promote those important objects. He
cone luded by observing “ that the rule of his conduct was
to discharge his duty to his Sovereign by a constant atten-
tion to the welfere of his subjects which w ere committed
to his charge, and that he felt these objects to be promoted
by a strict adherence to the laws and to the principles ol
the constitution, and by maintaining in their just balance the
rights and privileges of every branch of the legislature.”

Immediately after delivering his speech, he
sent a message to the house by a member of thi
executive council, intimating that Mr. Bedard,
returned to serve as a member for the county
of Surrey, was detained in the common jail fo:
the district of Quebec, under a warrant c
three members of his Majesty’s executive
council, by virtue of the act ‘‘for the bette
preservation of his Majesty’s government as by
law happily established in this province,” fo
treasonable practices. The assembly by ar
humble address returned its thanks to his

| that vigilance
of the legisla-
n saying that
esty’s govern-
Ment SUPpOswe,
of the public ¢
his Majesty's
Lits security 13
. Under these
mmend them,
visions for the
nd the United
tion.”
ould have great
rood understana-
erity and happi-
ost readily and
they might pro-
nt objects. He
his conduct was
constant atten-
were committed
s to be promoted
he principles ot
iy just balance the
legislature.”

is Sp yeech, he
nember of thi
t Mr. Bedard
or the county
ymmon jail fo
. warrant ©
ys executive
for the bette
rernment as bi
yrovinee,” fol
sembly by al
hanks to his

Governor’:

327

excellency, for the communication.—The ulte
rior proceedings of the body, on the subject,
will be noticed presently.

It was evident from the tenor of the Gover-
nor’s speech, and his subsequent message to
the house, that the renewal of this now un-
popular act would be insisted upon by the
government.
the house were, without doubt, entirely averse
io the recent measures of the administration ;
but, a refusal might embroil them more than
ever with the executive, and result in conse-
quences still more unpleasant than before.
The dissolutions of the two preceding parlia-
ments were still fresh in their me mory, and
they knew Ww the inflexible consistency of the
scharacter. T hey observed in their
address to nce Governor, in answer to. his
speech :—

“Proud as we are of the just and elevated senti-
ments expressed by your Excellency, of the loyalty and
zeal of the several parliaments which your Excellency has
had occasion to meet in this province, we will leave noth-
ing undone, on our part, to © vince your Excellency that
those principles exist in us, without the slightest diminu-
tion; and, animated by the best intentions to promote the
interests of his Majesty’s government, and the welfare of
our fellow subjects, the effects of those sentiments shall be
manifesied in the tenor of our deliberations, and the dis-
patch of the public business.

* We concur with your Excellency, that no change has
taken place in the state of public affairs abroad, that can
warrant an abolition of the provisions of the provincial tem-
porary act which provides for the better preservation of his
Majesty’s s government, as by law happily established in this
province, Yet, we think it our duty .o inform your Excel-

The sentiments of the majority of

* Chap
Xi

1810

}
|
}
;

Chap, lency, that the fears and apprehensions which prevail

XUL. amongst a great number of his Majesty’s loyal and faithful

weve subjects, in consequence of the execution of this act, will

1510. demand our serious consideration, before we can determine
if iis continuation, inthe whole of its present, form and
tenor, will insure that confidence between his Majesty’y
government and his subjects in Canada, which is the safe-
guard of the former, and of the interests of the public, in
themselves inseparable.

‘* A mature consideration of this act, and that for estab-
lishing regulations respecting aliens, and certain subjects of
his Majesty, who have resided in France, will become the
objects of our most serious attention ; and we will equally
keep in mind, all such measures as will secure that mutual
contidence, which we consider as the firmest support of the
government; being convinced with your Excellency, that
its preservation is the safety of the province, and its security
the best pledge pf the public tranquillity.

* Fully convinced that it is the most sincere wish of your
Nxece Nene y to cultivate that harmony and good understand-
ing, which isso conducive to the prosperity and happiness
of he sie , we shall cheerfully concurin any measure
tending to promote these important objects ; objects more
difficult to be obtained in this province, than apy other of
his Majesty’s colonies, from the difference in opinions cus-
toms and prejudices, of his Majesty’s subjects residing
Inereimn,.

‘¢ We reflect witli pain on the efforts which are made to
represent in false colors, and in a manner wide of the truth,
the opinions and sentiments of different classes of his Majes-
ty’s subjects in this province.

‘¢ Following vour excellency’s example, let every one
fulfil his duty to our august sovereign, by an unremitting
attention to the interests of his government, and the happi-
ness of his subjects in this colony ; and he will feel that a
strict adherence to the Jaws and _ principles of the constitu-
tion, and a firm support of the equal rights and privileges of
every branch of.the legislature, are the sole means of securing
to his Majesty’s subjects in this province, the full and entire
enjoyment of their liberty, religious opinions and property ;

” ee 2 .
e = r 7 x
Ee = Se
——z a ne Se eg Sa ws —~. ‘s

Se nat nna RE

nich prevail
and faithful
iis, act, will
an determine
ue form and
is Majesty's
1 is the safe-
1e public, in

vat for estab-
‘in subjects of
| become the

will equally
‘e that mutual
support of the
cellency, that
nd its security

» wish of your
d understand-
and happiness
any measure
objects more
any other of
opinions cus-
jects residing

are made to
de of the truth,
s of his Mayes-

let every one
an unremitting
nnd the happi-
will feel that a
f the constitu-
nd privileges of
ans of securing
full and entire
and property ;

329

4nd which cannot be more perfectly confirmed to them, hap

than by the free constitution which it has pleased his most XIII

rracious Majesty and his parliament to grant to this pro pani

vinee.”

Words can scarcely imply a more direct dis-
approval of the recent measures of the Gover-
nor, who felt the force of their reflections, and
replied in a way which left no room in_ their
minds to doubt of his resolution to prosecute
the renewal of the actin question. He re-
turned them his acknowledgments for the sen-
timents of loyalty, and the good intentions to
promote the interests of his Majesty’s govern-
ment, and the welfare of their fellow subjects,
expressed in their address :—

‘© T shall at all times’—said he,—* receive with atten-
tion any information or advice that the house of assembly
may think proper to convey to me: in the present instance,
however, | feel myself called on to observe, that my infor-
mation of ‘the state of the province does not warrant that
which yousav you think it your duty to give me, of the
existence of fears and apprehensions, with relation to the
execution of the act for the better preservation of his
Majesty’s government, at least as applied to the people in
general. Ifsuch fears and apprehensions exist, are they
not confined to those who are aware of the possibility of
themselves becoming obnoxious to the operation of the act ?
the voice of sdch will be always loud; and may not their
clamour have misled you to suppose them more numerous
than I suppose they really are? But with regard tothe good
people of the province, I am so far from thinking that they
feel any apprehensions on the subject, that I date the sub-
siding of the ferment that then existed, and the restoration
of the calm that has since prevailed among them, precisely
from the moment at which the execution of the act took
place. Similar means to those formerly employed might
again revive the one and disturb the other, and none perhaps

Ee 2

LR10,

ne OSE cae

|
i
|

Chap
XII

ON et

1310,

legislature

330

would be more effectual for the purpose than infusing amongst
them the fears and apprehensions to which you have
alluded. Simple and uninstructed as they are, however, [{
shall trust to their good sense for its being found difficult to
shake their confidence in his Majesty’s government, because
they find it exercising for their protection the means with
which it is intrusted by law, or because they see that govern-
ment armed with the power, and ready to step for ward should
it become necessary, to crush the arts of faction or to meet
ihe machinations of treason. V iewing your address in the
light of an answer to my speech, [ must remark that I have
been misunderstood in it.

‘The harmony and good understanding which | expressed
rayself desirous of cultivating, was that harmony and good
understanding between me “and the other branches of the
which must be so conducive to the prosperity
and happiness of the colony. Whereas | perce ive you have
applied the expression more generally to the existence of
these principles in the community at large. This would be
no otherwise of consequence than as it has furnished you
with the opportunity of bringing forward a sentiment in
which I desire most cordially and truly to express my entire
concurrence. [ shal] join with you in feeling pain in every
instance in which the passions of any one part of his Ma-

jesty’s subjects shall lead them to represent in false coiours,

and in a manner wide of truth the opinions and sentiments

of any other part of their fellow subjects. Without any refe-
rence to example, let every one as you say,do his duty to the
king and to the public, and as you express yourselves aware
of the sreater difficulty that existsin this province in the
attainment of the important object in question, so I confi-
dently trust [ shall find you on all occasions exerting with
advantage the superior opportunity which is afforded you | by
your situation as representatives of the people for promoting
and cultivating those irue principles of affection and attach-
ment that may unite us as a free and happy people.’

This sarcastic reply of the Governor stung

them to the quick, but they were too well
acquainted with his firmness to disregard his

ng amongst
you have
however, f£

difficult to
nt, because
means with
thet govern-
-ward should
or to mee)
dress in the
k that | have

hl expressed
ny and good
inches of the
ie prosperity
vive you have
existence of
This would be
furnished you
sentiment in
ress MY entire
>» pain in every
it of his Ma-
i false colours,
nd sentimen's
thout any refe-
b his duty to the
hurselves aware
Fovinee in the
on, so I confi-
exerting with
afforded you by
e for promoting
tion and attach-
EO} le My

vernor stung
re too well
isregard his

331

remarks. ‘The acts recommended by the G over-
nor were first introduced and passed in the
legislative council,
sent down to the lower house, where also the y
were passed with unusual speed, although the
detention of one of their members in prison
was the cause of much murmuring and disgust.
This obnoxious act was therefore reluctantly
continued with
the members of the provincial legislature ; it
being there By provided that no

either house should be imprisoned or detained
during the sitting of parliament, until the mat-
ter of which he stood suspected was first com-

municated to the house of which he might be
a member, and the consent of that house ob-
tained for his commitment or detention. This
clause not having a retrospective effect, the
Governor still persisted in detaining the mem-
ber in confinement. His .views on the occa-
sion will appear presently.

These preliminaries over, the house went to
work. A series of resolutions respecting Mr.
Bedard was passed, in which it was stated,—
“that by a warrant issued from the executive
council of the province, signed by three mem-
bers thereof, the said Pierre Be sdard, esquire,
was, on the 19th day of March last, apprehend-
ed and committed for treasonable practices,
and still continues to be detained in the com-
mon gaol of Quebec by virtte of the said
warrant.

the old salvo in favor of the
rights and ey of either house, and of

member of

vap
Pari
from whence they were -—-

1810

4, het nenteneenmonearnamnniaete 2 ae eS EOS Sart D RS

332

That the said Pierre Bedard was elected

__~ on the 27th of March last, and returned as one
1810.

of the knights representative of the county of
Surrey.

* That the said Pierre Bedard is now one
of the members of this house for the presem
parliament :—

‘* Resolved,-~That it is the opinion of this committee,
that the simple arrest and detention of any one of his Ma-

jesty’s subjects, under and by virtue of the authority of the

temporary act of the provincial parliament, intituled, “ An
act for the better preservation of his Majesty’ s government,
as by law happily established in this province,” does no:
bring him under the description of those who are declared
incapable of being elected to serve in the house of assem-
bly, by the 2 23d clause of the act of the parliament of Great
Britain, of the 31st year of his present Majesty, chap. 31.

‘¢ Resolved,—That itis the opinion of this committee,
that the provisions of the temporary act, intituled, “ An act
for the better preservation of his Majesty’s government, as
by law happily established in this province,” guarantees to the
said Pierre Bedard, esquire, the right of sitting in this house.*

« Inthe act alluded to, there is a clause which it is probable the
assembly built upon, as follows -—

‘ Provided always, and be it enacted by the authority aforesaid,
that nothing in this act shall extend or be construed to invalidate or
restrain the lawful rights and privileges of either branch of the pro-
vincial parliament in this provinee.’? Jurists may determine whe-
ther the assermbly were right in their interpretation, or not; but it is
certain that the governor, who was no lawyer, (as he himself fre-
quently said) paid no attention to it whatever.

The bill passed this session contained the same provision, but under
the following words, as sent fram the council :—~
‘ Provided always, that nothing in the said (the above) act con-
tained, shall extend or be construed to invalidate or restrain the
lawful rights and privileges of either branch of the provincial parlia-
ment in this province, or to the imprisoning or detaining of any mem-
ber of either house of the said provincial parliament, during the sitting
of such parliament, until the matter of which hestands suspected be
first communicated tothe house of which he is a member, and the
consent of the said house obtained for his commitment or detaining.’
This was the last appearance of this obnoxious billin parliament,
‘hich refused to renew it, at the ensuing session.

333
s elected
“lj as one
ounty of

*€ Resolved.——That it is the opinion of this committee, that Chay,
an humble address be presented to his excellency the gover- XU.
nor in chief, to acquaint his excellency that this house have ---~
taken into serious consideration his excellency’s message of ISH.

now one
present

, committee,

, of his Ma-

hority of the

tuled, 66 An
government,
e,”? does No.
are declared
ise of assem-~
ment of Great
ty, chap. 31.

is commiitee,
led, ** An act
overnment, as
sarantees to the
in this house.*

it is probable the

hority aforesaid,
| to invalidate or
ranch of the pro-
determine whe-
_ or not; but it is
: he himse Alf fre-

Lovision, put unde

e above) act con-
e or restrain the
» prov incial parlia-
ining of any mem
during the sitting

ands suspec ted be
, rnember, and the
ent of detaining.

bill in parliament,

the thirteenth instant, and lave accordingly passed several
resolutions, which they conceive to be their duty to submit
to his excellency; and that it is the wish of this house,
should his excellency not deem it proper to lay before them
any further communication on this subject, that Pierre
Bedard, esquire, knight representative for the county of
Surrey, may take his seat in this house.”

These were carried by a vote of 20 to 5,
and a committee consisting of Messieurs Bour-
dages, Papineau, senr., Bellet, Papineau, junr.,
Debartzch, Viger, Lee, and Bruneau, was
appointed to present the address to his excel-
lency, which it seems, howev er, they took
especial care not to do, as we find, by referring
to the journals of the house, in which the
following proceedings with respect to it
appear.

It was ordered, on the 5th of January, 1811,
“that the members named by the house to
present to his excellency the governor in chiet
the address voted by this house to his excel-
lency, on the 24th December last, do, on
Monday next, acquaint this house with their

proceedings thereon.” Accordingly, on the

day appointed, we find it stated on the journals,

that Messieurs Bourdages, Debartzch, Bru-
neau and Lee, four of the members named to
present the said address, acquainted the house
that to their knowledge the said address had not
been presented to his excellency officially.”—
Besides this, “ Mr. Viger, Mr. Bellet, and Mr

‘

seme i 8M TN NRA EONS te ee e

}

er ee

igi. house that they were never required agreeably

334

Chap Papineau, junior, three of the members named
XU.

to present the said address, acquainted the

to the custom of this house, to wait on
his excellency: and present to him the said
address.”

‘ Mr. Borgia moved to resolve, seconded
by Mr. Huot, that an enquiry be made of
the causes for which the messengers did
not officially present the address voted by
this house, on the 24th December last, to his
excellency the governor in chief.”— Mr.
Coffin moved in amendment, seconded by Mr.
Bowen, to leave out all the words after “that,”
and insert, * the said messengers be discharg-
ed from presenting the said message.” —* Mr.
Papineau, senior, moved, seconded by Mr.
Debartzch, that the consideration of the main
question and of the question’ in amendment be
adjourned,” upon which the house divided,
yeas 16, nays 13—and it being carried in the
affirmative, the matter was accordingly ad-
journed, and no more agitated during the
session. ‘The solution of the above will appear
at the close of this chapter; as explained by his
excellency himself.

The repairs to the ancient castle St. Lewis,
for which, at a previous session, an appropria-
tion of £7,000, currency, was made, had cost
£14,980, more than double the sum appro-
priated for the purpose; but, upon examina-
tion of the details of expenditure, the difference

rs named
inted the
acre sably
wait on
the said

seconded
made of
ngers did
voted by
last, to his
PH Sh Mr.

ted by Mr.
fter “that,”
e discharg-
7 — Mr.
od by Mr.

of the mam
andiett be
se divided,
rried in the
rdingly ad-
during the
will appear

ained by his

> St. Lewis,
n appropria-
ade, had cost
sum appro-
yn examina-

he difference

335

was cheerfully made up by the assembly a day chap.
XI.

or two previous to the prorogation.*

Several acts of importance were passed this 7
session and received the royal sanction, includ-
ing that known as.the “ gaols? bill,” a very
productive revenue act, yielding the last year,
(1810), upwards of twenty-two thousand
pounds, currency, and about to expire, but now
temporarily continued. The erec me of a par-
liament house on the proceeds of it was con-
templated, and fifty thousand eth were
accordingly voted for the purpose, W hich vote

however, never took effect, the necessities of

the’ public service, in the war with the United
States,’ which soon after followed, absorbing
the whole.t Besides the alicr mn act, and that
“for the better preservation of the govern-
ment,” the militia act was continued to the first

*«“ Rosolved,—That an hun ible address be presented to his excel-
lency the governor in chief, praying his excellency that he will be
pleased to order that the sumof £7980 19s. 1}d., currency, be taken
out of any unappropriated cane Which are now, or may “hereafter
be, inthe hands of the receiver general of this province, to be applied
to discharge and coverthe de ficienc y which has arisen between the
sum of £7,000, currency, granted by the act of the forty-eighth of his
Majesty, chapter thirty-fourth, for re pairing and ameliorating the
ancient castle of St. Lewis, and the sum of oh 1,989 19s. 14d, cur-
rency, to which the said repairs and ameliorat
that this house will, atthe next session of the
the same.”

ons do amoun t; and
le aplalattite inake good

‘« Resolved,-~That it is expedient to erect, either together or sepa-
itely, and successively, one or more building or buildings, for the
purpose of holding with dignity, and in a suitable and advantageous
manner, the sittings of the legislature, with the offices and necessary
dependencies ; and also for holding the sittings of the executive coun-
cil, with ns offices and necessary dependencies, and the offices of the
secretary of the province, and of the surveyor general.
“ Resolved,—That asum not less than fifty thousar

pounds, cur-
rency, will be necessary to carry into execution the resolutions taken

by this committee.”’———-25/h Hebi wary, 1811.

i811.

Ei
i
5
!
i
i
i
;
;
i
‘
:
}
f

Chap,
XIII.

~~ then be.

coll,

336

of March, 1813, and to the end of the war,
invasion, or insurrection, if any there should
The bill to disqualify judges, and
rendering them ineligible to the assembly, also
passed both houses and received the roya!
sanction, a measure highly satisfactory to the
public. On the whole, the session went off
remarkably well, and with every appearance
of cordiality between the executive and the
popular branch.

The public business being brought to as
favorable a close as need be desired, his excel-
lency prorogued the legislature on the 21st of
March, with aspeech, that, like ali his previous
speeches, though rather long, prosy, and perhaps
unnecessarily admonitory, was remarkable, and
which, to do it no injustice, we insert at full
length. Itis the best testimony that can be
resorted to for his opinion of the country and
times in which he governed it, and of his own
administration of the government :-—~

‘Gentlemen of the legislative council, and gentlemen ot
the house of assembly :— |

“ After so long and so laborious a session, I feel great
pleasure in being able to release you from any further at-
tendance, and that you can return to your constituents with
the satisfactory consciousness of not having neglected their
service, or overlooked their interests, in the various acts
that vou have presented to me for his Majesty’s assent.

“Upon the state of our public affairs, the difficulty ot
communication with Europe has, this winter, appeared t
be greater than usual, -~probably owing to the impediments
thrown in the way of the american commerce, by the acts
of their government. lL have therefore little to communicate.
The feelings which would otherwise have attended the
much lamented death of an amiable Princess, were almost

f the war,
ere should
idges, and
»mbly, also

the royal
tory to the
n went off
appearance
e and the

ught to as
, his excel-
the 2st ol
his previous
and perhaps
urkable, and
isert at full
hat can be
ountry and
l of his own

1d gentlemen ot

ion, | feel pred ‘
iny further at-

pnstituents with
neglected their
1e various acts
v's assent.

a difficulty o!
fer, appeared te
ie impediments

ree, by the acts

o communicate.

re attended the
cs, were almost

337

lost in the contemplation of the afflicting calamity by which
that event was followed, in the alarming indisposition of our
revered Sovereign. Let us place our confidence in the
mercy of God, and trust that he will, in his gracious dis-
pensation, realise those hopes, that are held out to us by
the last accounts that we have received, of his being speed-
ily restored in health, to his grateful people ;

“It is scarcely neecssary that I should observe upon a
new act of non-intercourse, or non-importation, with re-
spect to Great Britain, which has passed in the american
congress. By what I can understand, the best of their
lawyers are divided in their opinion as to its operation.
With us, however, [ fear there can be no difference of sen
timent, as to its being a branch of that system of partial and
irritating policy, which has so long marked their public pro-
ceedings towards us. ‘The bill which you have so wisely
passed, for preventing the nefarious traffic that has been but
too long carried on, in the forgery of their bank notes, will
at least prove, that you have not suffered any sentiment of
resentment to weigh against those principies of liberal justice
with which you are at all times animated towards them.

‘*[ have, ‘gentlemen, to thank you, for the provision that
has been made for the payment of the expenditure that has
been incurred in the providing a habitation for your gover-
nor, beyond the sum originally voted for the purpose. Hav-
ing taken this step upon myself, in the confidence | placed
in the libe-ality of Parliament, I feel however some anxiety.
that the good people of the previnee: should know, that the
expenditure has been conducted, by the gentlemen ap-
pointed to act as commissioners, with an economy that has
saved some thousands of pounds, and, with respect to my-
self, under the knowledg ze that there existe d funds, b y which
it could be answered, without laying any additional burthen
upon them.

“ Among the acts to which { have just declared his
Majesty’s assent, there is one which I have seen with
peculiar satisfaction. J mean the act for disqualifying the
judges from holding a seat in the house of assembly. It is
not only that I think the measure right in itself, but that |
censider the passing an act for the purpose, as a complete
renunciation of the erroneous principle, the acting upon

F /

2 hap.
XU

Warr

1811

Chap.
XIN.

te id

1311.

338

which, put me under the necessity of dissolving the last
parliament.

** Gentlemen, you are now about to return to your homes,
and to mix again in the common mass of your fellow citi-
zens; let me entreat you to reflect upon the good that may
arise from your efforts to inculcate those true principles of
regularity and submission to the laws, that can alone give
stability to’that degree of happiness which is attainable in
the present state of society. Your province isinan unex
ampled progress of prosperity: riches are pouring in upon
the people, bu the! \wendant evils, luxury and dissipation,
will inevitably “ny them; the danger of these is too
well known, to i . ‘hat I should detain you, by enlarg-
ing upon it; it wili demu: all the efforts of religion, and
of the magistracy, with the scarcely less powerful influence
of example and of advice in the well disposed and_ better
informed, to counteract their effects, to preserve the public
morals from sudden relaxation, and, finally, to bar the
entry to crime and depravity.

“A large tract of country, hitherto little known, has
been opened to yous its inhabitants are industrious and in-
telligent, and they cultivate their lands with a productive
energy, well calculated to increase the resources of the
colony. Let them not on these grounds be objects of envy
or of jealousy ; rather let them be examples, to be carefully
watched and imitated, ’till, in the whole province, no other
difference of fertility shall appear, but what may arise from
variety of soil, or difference of climate.

‘And now, gentlemen, I have only further to recom-
mend, that as in an early part of the session, you yourselves
took occasion to observe on the difficulty of the task, you
will proportionally exert your best endeavors to do away all
mistrust and animosity from among yourselves ;—- while these
are suffered to remain, all exertion for the public good must
be palsied. No bar can exist toa cordial union— religious
differences present none-~intolerance is not the disposition
of the present times—and, living uader one government,
enjoying equally its protection and its fostering care, in the
mutual intercourse of kindness and benevolence, all others
will be found to be ideal. I am earnestin this advice, gen-
lemen. It is probably the last legacy of a very sincere

ving the last

» your homes,
r fellow citi-
od that may
principles of
n alone give
attainable in
sinan unexe
wing jn upon
nd dissipation,
f these is too
ou, by enlarg-
f religion, and
erful influence
sed and better
rve the public
ly, to bar the

e known, has
strious and in-
h a productive
sources of the
bjects of envy
to be carefully
ince, no other
may arise from

her to recom-
you yourselves
‘the task, you
to do away all
8 3 while these
blic good must
inion— religious
the disposition
1e government,
ng care, in the
nee, all others
is advice, gen-
a very sincere

“ness to keep alive.

339

well-wisher, who, if he lives to reach the presence of his
sovereign, would indeed present himself with the proud
certainty of obtaining his approbation, if he could conclude
his report of his administration, with saying: I found,
sire, the portion of your subjects that you committed to my
charge, divided among themselves, viewing each other with
mistrust and jealousy, and animated, as they supposed, by
separate interests. I left them, sire, cordially wnited, in
the bonds of reciprocal esteem and confidence, and rivalling
each other only in affectionate attachment to your Majesty’s
government, and in generous exertions for the public
good.”
In this, as well as in former speeches to the
legislature, we find the sentiments of an hor. 5.
frank, and philanthropic mind. Although h
was thought by many to have béen «ncer
the influenc : of party, he was certainly vnc n-
scious of himself.—But by profesor a
soldier, me secstomed to war and campaign-
ing, the busy scenes of which he had just
left, on coming to Canal he could not, per-
nas divest himself of its prejudices, nor while
a country where french was the general lan-
ces but feel himself, from recent associa-
tions in his mind, surrounded by enemies.—a
sentiment which some of those about his per-

3 Chap.
XU.

1811.

son, it is not unlikely, may have made it a busi- ‘

His excellency received,
previous to the prorogation of the legislature,
intimation of the king’s compliance with his
reauest to be relieved of the government
on account of his declining health ; tidings, not
less agreeable, it must be acknowle deed, to
those whose licentiousness he had curbed,
than to himself, tired as he seems to have been

E
i
H
i
\

Chap.
XII.

—_—

131!

ot public life, and worn down in the service: of
his king and country.
Shortly after the prorogation of parliament,
the prison door was left open to Mr. Bedard.
—By some his release was attributed to
orders from his Majesty’s ministers to that
effect; by others to a conviction in the mind
' the governor of his innocence, or, at least,
~ his having made ample atonement for his
errors, by the length and duress of his confine-
ment. But the following allocution (the authenti-
city of which may be relied upon, as taken from
the governor’s own autograph on the matter, )
with respect to that g gentleman, to his executive
council, shortly after the pror ogation, eluci-
dates the subject as amply as can be desired :—

“ Gentlemen—In calling your attention to the imprison-
ment of Mr. Bedard, [am desirous of taking the opportunity
of offering a brief recapitulation of the several circumstances
that have attended it, with the view of leaving upon the
proceedings ef the board a record of the motives by which I
have been actuated in the transaction.

‘“‘Itis notnecessary that I should advert to the occasion
of this gentleman’s confinement ; it must be perfec tly in your
recollectioa, and I believe no circumstance has since taken
place to cast a doubt on the expediency ofthe measure. In
the unanimity of the opinions, by which it was effected, J
felt confirmed in that which I had already formed, as to
the necessity of steps being immediately adopted to cheek
the mischief, with which we were threatened ; for it must
always be kept in view that Mr. Bedard’s detention was a
ineasure of precaution not of { punishment, to which he could
be subjected only by a decision of the jaws of his country,

“Upon this principle the other persons who were
imprisoned at the same time, with Mr. Bedard, having
onviction of their error-—I did not hesitate

expressed their

rvice’ of

rliament,

Bedard.

buted to

; to that

the mind

at least,
nt for his
3 confine-
>» authenti-
aken from
. matter, )
executive
on, eluci-
lesired -——
he imprison-
g opportunity
ircumstances
ng upon the
s by which I

the occasion
fectly in your
3 since taken
measure. In
s effected, J
ormed, as to
nted to cheek

; for it must

ention was a
hich he could
r his country.
s who were
edard, having
d not hesitate

to consider their having done so a sufficient security for their Chay
not reverting to the same conduct, and it appeari. ig that the XII.
healths of both of them were in danger of being affected by ——~
their confinement, [ was from that circumstance the more 181!

readily induced to propose, and you concurred, in their
being released upon their giving security, for their forthcom-
ing, had it been necessary to call upon them.

** Upon the same principle, | have no doubt, you would
as readily have agreed with me, in as early a liberation of
Mr. B.—but having laid before you a petition which that
gentleman had presented me, it did not appear to any one
of us, to be of a nature to hold out the same expectation of
his abstaining from the conduct against which, precaution
was held to be necessary. As I did not think it proper to
return any answer to his petition, my not doing so, produced
a sort of communication between him and Mr. Foy*, to
which it does not seem nec cessary to advert any farther
than as regards the mode in which it concluded. Tt appear-
ing to me that he was desirous of knowing what was
expected of him; I sent for his brother, a curé, who 1
understood was in town, and in presence of one of the
members of the board, now present, I authorized him to
acquaint his brother with the motives which had induced
his confinement, and that looking only to the security
of his Majesty’s government and the public tranquillity —
1 had no wish that it should continue one moment beyond
what was required by those objects ;—that the moment he
expressed a sense of his error, in what he had done,t |
should consider that as a suflicient security for his not return-
ing to the same dangerous course, and would immediately
propose his enlargement to you. His reply, through the
same channel, was couched in respectful terms, but de-
clined admitting an error of which he did not feel that he
had been guilty. ‘

“ Mr. Bedard having been re-elected into the provincial
parliament, it was not difficult to foresee that his imprison-
ment would become an object of discussion, when that

eee

The governor’s secretary, in the absence of Mr. Ryland, who

s then in England.
| What had be done ? there is no clue to that, nor distinct allegation
of anything criminal beyond the indefinite one of treasonable practices

Chap.
XILL.

aerv ee

[8lt.

342

assembly met. It therefore became alsoa subject of serious
consideration, on my part, the result of which was a
determination to pursue a line of conduct —to the particulars
of \which itis not necessary here to advert, as it, would be
only anticipating an account of them, which [ shall have
occasion shortly to give, and in which I can only use the
very words, which, I should otherwise now employ.

“You are all aware of the part taken by the house of
assembly, on the occasion. I had already been furnished
with a copy of the resolutions into which they had entered,
and was in the daily expectation of their being presented,
when I received an applicetion from one of the leading
members, that I would admit him to a conference ; this was
the elder Mr. Papineau, member for Montreal, and the
subject was these very resolutions.—It would be irrelevant
to my present object to refer to our conversation, any other-
wise, than as it drew from me my final determination, and
the motives on which that determination was founded, which
I gave to him in the following words :—“ no consideration,
sir, shall induce me to consent to the liberation of Mr.
Bedard, at the instance of the house of assembly, either as
a matter of right, or of favor, nor will I now consent to his
being enlarged on any terms during the sitting of the present
session, and I will not hesitate to inform you of the motives
by which f have been induced to come to this resolution. I
know that the general language of the members has
encouraged the idea which universally prevails, that the
house of assembly will release Mr. Bedard; an idea so
firmly established that there is not a doubt entertained upon
it in the province ;-—-the time is therefore come when TI feel
that the security as well as the dignity of the King’s govern-
ment imperiously require that the people should be made to
understand the true limits of the rights of the respective
parts of the government, and that it is not that of the house
of assembly to rule the country.”

“‘ In rendering this account of my conversation with Mr.
Papineau, in so far as relates to the subject in question, I
have laid before the board the true grounds on which I
have hitherto acted in it, to which I may add-—that I have
thought it necessary further to abstain from taking any
measures towards the enlargement of Mr. Bedard, till the

ect of serious
hich was a
he particulars
it, would be
I shall have
only use the
nploy-.
the house of
en furnished
had entered,
ng presented,
f the leading
nee ; this was
real, and the
| be irrelevant
n, any other-
mination, and
punded, which
consideration,
‘ation of Mr.
bly, either as
consent to his
of the present
of the motives
resolution. If
members has
vails, that the
|; an idea so
ertained upon
ie when! feel
King’s govern-
tid be made to
the respective
tof the house

ation with Mr.
in question, I
on whieh I
H-—that I have
m taking any
edard, till the

343

several members should have reached their respective homes, -....

when it would appear to be impossible by any mis-representa- xu

tion of theirs, for them to ascribe it to the interference of the —~

assembly. 1811
This object being now perfectly accomplished, and a |

pretty general tranquillity reigning in the province, I submit

to your consideration whether the time be not arrived at

which it is proper to put an end to the confinement of Mr,
Bedard.”

He was accordingly released.

On the 19th of June, 1811, the governor
embarked on board H. M. S. Amelia, for Eng-
land; leaving Mr. Dunn again in charge of the °
government, and lieutenant-general Drummond,
In command of the forces in the Canadas, con-
sisting of 445 artillery, 3783 regular troops, and
1,226 fencibles, in all 5,454 men. He is said
to have expressed, at the moment of his depar-
ture, a reflection on the deception, and ingra-
titude of mankind; declaring that he had
experienced more of these human imperfec- |
tions in Canada, than in the whole course of
his life before coming to it: but whether his
observations %-ere intended to be general, or
aimed at some of those immediately concerned
with him in the conduct of public affairs, we
are left to imagine. His health had long been
wasting away with a dropsy and other infir-
mities contracted in the service of his country,
and he doubted whether he should live to see .
the end of his voyage to England, which,
however, he survived some months. * Lan-

ee temnraee

* Sir James H. Craig died in England, inthe month of Jannary
1812, aged 62 years, having entered the service of his country

1763, at the early age of 15 years. ‘h

He was of a respectable scottish

SETI Teese, Paienlett’ cneh animate

Chap.
XU.

Ne

1811

344

guage could not convey to him addresses
more gratifying than those, which, previous to
his departure, “he received from different quar-

i cee

family, the C raigsof Dalnair and Costarton, and born at Gibraltar,
where his father held the appointment of civil aud military judge
[In 1770. he was appointed aid-de-camp to ge ae Sir Robert Boyd.
then Governor of Gibraltar, and obtained a company in the 47th
regiment, with which he went to America in 1774, and was present
at the battle of Bunker’s hill, in which latter engagement he was
severely wounded. in 1776, he accompanied his regiment to Canada,
commanding his company in the action of Trois Rivieres, and he after-
wards commanded the advanced guard of the army in the e cpulsion of
the rebels inthat province. [n 1777. he was engaged in the actions
t Ticonderoga and Hubertown, in the latter of which engagements
he was again severely wounded. Ever ina position of honourable
danger, he received a third wound in the action at Freeman’s farm.
He was engaged in the disastrous affair Saratoga, and was then
distinguished by Gen. Burgoyne, and he brave Fraser, who fel! in
that action, as a young officer who pronused to attain to the very
height of the military career. On this oceasion be was selected by
Gen, Burgoyne to carry home the despatches, and was immediately
thereaiter promoted toa n JAjOrit y in the new 82d regiment, which he
accompanied to Nova Scotia in 1778, to Penebscot in 1779, and to
North Carolina fin 1781; being engaged in a continued scene
of active service during the Whole of those campaigns, and zene-
rally comroanding the light troops, with orders to act from his
own discretion, on which his superiors eommand relied with
implicit confidence e. In a service of this kind, the accuracy of his
intelligence, the fertility of his resources, and the clearness of his
military judgment, were alike conspicuous, and drew on him the
attention of his Sovereign, who noted him as an ofticer of the highest
prom ise. In 1794 he obtained the rank of Major General, and in the
ceennag of tne following year he was sent on the expedition to the
Cape ol Good Hope, where in the reduction and conquest of that most
important settlement, with the co-operation of Admural Sir G.’ K
Kiphinstone, and Major General Clarke, he attained to the highest
pite h of his milité wy reputation, and performed that signal service to
his King and country, of which the oiemory will be as lasting as the
national annals. Nor were his mel its less consy cuous In the admira-
ble plans of civil regulation, introduce “Ve ‘him in that hostile quarter,
when invested with the chiet ‘authority# ¢ civil and military, as Gover-
nor of ‘the Cape, till succeeded m ‘that situation by the Earl of
Macartney, inl797, who, by adeputation trom his Majesty, invested

General Craig with the Red Ribbon, as an honourable mark of

Sovereign’s just sense of his distinguished services. Sir James Craig
had seareely returaed to England, when it was his Majesty’s pleasure
to require his services on the staffin India. On his arrival at Madras
he Was appointed » the comunand OT % x peaitol against \ianilla

5 | \ we 2 | 4 ‘ 4} >
which not taking place, he oroceeded to Bengali, and took the held

dresses
evious to
ent quar-

at Gibraltar,
ilitary judge
Robert Boy d.
in the 47th
dwas present
ment he was
ent to Canada,
, and he atter-
1e expulsion of
in the actions
| engagements
{ honourable
eman’s tarm
and was then
-; who fel! in
1 to the very
as selected by
s immediately
ent, which he
in1779, and to
ntinued seer
pns, and gene-
act from fis
id relied with
‘curacy of his
learness of his
y on him the
of the highest
ral, and in the
pedi 11ON to the

st of that most
iral Sir G.’ K
to the highest
mal service to
lasting as the
in the admiura-
hostile quarter
arv, as Gover-
y the Earl of
ajest y; invested
le mark ot his

jesty’s pleasure

rivaiai Vladras
We

rainst Manilla

held

‘Siete

satis

4 4 ? )

ters, in oe iar those of Quebec, Montreal, :
Three Rive the county of Warwick, and
from T e} acne

The whole British population of Quebec
attended bis excellence y on his a bepal cure, trom

tL, atl] Ce Ql+ T ay — a ; ‘
the castie oO! St. we WIS fo. em yark: tio} i, talc-
; 5 wer ‘ ‘ oF; 7] YQ | re eas Pal . +} , F }
ing from his carriage the horses, in the castle

sonveying it thence to the

«

yard, the sa
: he embarked

their demonstrations of

service During five years in India, his attention and talents were
unremittingly exerted to the improvement of the diserpline of the
Indian army, and to the promotion of that harmonious co-operation
between its different constituent parts, on w bi h not only the military
strength, but the civil arrangement of tha itis)
empire so essentially depend. In January 18 1 Sir James
promoted to the rank of 7 lieutenant General,
ta 1802 he was app ointed to the cornamand of the eastern district and
remained in England till 1805, when, notwithstanding his constitution
was Sanh impaired by a long train of most active and fat gluing service,
he was selected by his Sovereign to take the command of the british

‘
at portion of the britis

oo
>

and returned tO Enelane

troops in the Mediterranean. He proceeded to Lisvon, Gibraltar
Malta, and from thence to Naples, to act in co-operation with the
russianarmy. But the object of these plans beimg frustrated by th
event of the battle of Austerlitz, James withdrew the troops fron
Naples to Messina, in Sicily. During the whole period of his com-
mand in the Mediterranean, he had suffered severely from that malady

which terminated his life—a drops

» pl roceeding {rom an creani
iffer tion of the liver; and feeling his aisease Sens1oiy aiming ground

he returned with his Sovereign’s perpussion to Engiand in 1806 A
temporary abatement of his disorder flattering him with a prospeet o
recovery, and being upable to reconcile his mid to a situation o
inactivity, he once more accepted an active command from the chote
of his Sovereign, and in 1807, on the threatening appearance of
hostilities with th Unites \merican States, was sent out to Queb

Governor in chief of British A merica,- ~( frum a memo originally
published i? Scotland.)

; His excellency \ received at the pia ‘e of embarkatto by
captain Inpy, and after addressing in an approp en ne
worthy men who had paid him the last service he was e' CeY
in this province, he gave signs of embarrassment for th
since his residence amongst us. His heart wastull; and hus calrn a

Chan.
XIII,

1Sil.

346

On the eve of his departure, an auiee of
damages was instituted on the part of several

of ie pro] ywietors of the * ¢ hte press,

against the magistrate® who had seized it. This
action, however, proved abortive, owing to a
law in the proceedings, and was not renewed,

Sir James Henry Craig had been, from his
youth

in the service of his country, and owed
to merit alone, his rank and consideration in
the army. He had, upon several occasions, dis:
tinguished himself as an able officer, and stood

high in the estimation of his sovereign. coi
:
vas of anagreeable countenance,and impressive
presence, stout el rather below the niddle
martial look subdued for an instant. He was not only about io ter
minate an Banat cn marked throughouy DY pure intentions and
successful results,---le was closing for ever a long career of useful
pabue life—he was taking leave ofa whol community, whose esteem
he had justly won, and lo oking for the last time ona few who had
ned his companions in arms in agai quarters of the world, and
particularlyon one,} who long since, and thr ough many of the changes
of his life, had enjoyed his entire confidence and friend: ship.
‘Whatever may now be said of this personage, will be spoken
across the grave. We shall never fix our e yes upon him again, noi
he ever more be approached by any of us. He has taken his seat in
history, where his fame | rise in proportion as he shall be judged
with rigor. {ty will be found by a thousand evidences that he united
the genius of PTeaAtess ari an ardent love of dol IN good ; and pos
sessed an association of talents seldom or in any “individual. His
reigning passion was to perform his duty ¢ mpletely and conscienti-
ph soa Rs his favorite amusement, to confer be acts of charity the means

ofsubsistence on the indigent, and to addto the relief of many in

‘
vy

declining circumstances. Every project, every act, whatever ob-
je ets they might refer te. bore the in Ipressto yn of his chare icter ; ; and 1
one LTH ciple of it was stronger than another, it was d lise overable in a
broad deep tone of benevolence, which re igned throughout the winks
His ippearance and address announced t superiority wl V4 Was readil
admitted, because unequivocally felt; and many who. from various
causes had frequent access to him, sensibly experienced the magic
such an union of happy qualities.”’-— Quebec Merc ury of 24th June18'1
* Thomas Alliso: jr., an old officer, and formerly a captain in
H. M 0 en a residen Quebec, since deceased

action of
r several
ve press,
lit. This
ving to

enewed.
from ee
nd ower

ration ID
sions, dis
and stood
ign. He
npressi\ e
ve middle

about to ter
intentions and
reer of useful
whose esteem
few who had
he world, and
of the changes
hip.
vil be spok en
im again, noi
cen his seat in
shall be judged
that he unit ed
ood; and pos
lividual. His
nd conseienti-
rity the means
of of many in
whatever ob-
racter 5 an dif
eovel rabl in a
rut the wholk
V4 was readily
from various
hd the magic

lih June 180

a captain in

since dec eased

17

stature: manly and dignified, in de portment, Chap
but social, polite, and affable: positive in‘his X!U.
opinions. ind decisive .in his measures.— 1B1P.
Although hasty in temper, he was, like most |
men who are so, far from implacable, and, as

we have seen, ea |

ily reconciled to those who
nay have incurred his displeasure. Hospita-
ble and priocely in his style of living, he was
Iso munilicent in his donations tO public insti-
hice S- hore tor charitable purposes--a gene-
rous patron-—-and, forthe last we shall mention,
though eo the least of his virtues,—a_ friend
to the poor and destitute, none of whom
applying at his threshold, ever went away
unrelieved.

In reverting to those times, after the lapse
of seven and — years, in the course Ol |
which all the actors and most of the spectator

re) 1cyys
CULALULS

have ieappecavd, a dispassionate and perhaps
just opimion of the government of that day,

may how be pronouncec it was eulded. Ol

rather mis Sgt uided, tos

veak more aptly, by

few rapacious, overbearing, and irresponsibl
, {hi stake Ly et mi { x
officials, without stake or other connexion wit

. a . P . - : 7 } . | eer ; >
pathy with tne mass of the Inn: pants OFfF CoM

; - . — | } 4
munity of interests and feelings with them

the country than ther oflices : having ho sym

ere?

~nthay el mn " "OI | } ANNIO?
nor other Claim or pretension to the peopie’s

confidence and respect,than such as their places

m" | . — 1 i} f
together with tne

[(reasury,

348

‘hap, COMfided in, they generaliy were hated. Their
XU. offices, however, and particul: arly their com-
mand ci the treasury, over which the repre-
: seniatives of the coun try had not yet obtained
the deities that constitutionally appertained to
them, gave them a certain influence and aristo-
cratic stand: ng, that did not belong to them,
and which placed them altogether in a false
position, according to all constitutional and
english notions of their true one.—Servants of
the government, they seemed to imagine them-
selves princes among the natives and inhabi-
| tants, ‘upon whom they affected to look down,
uh estranging them as far as they could from al!
all direct mtercourse, or intimacy, except throug?
themselves, with the governor, whose conit-
dence, no less than the treasury it was their
policy to monopolise, and to kee 2p him as a con-
nic ney in their own hands.—'They saw with
dread, asa prelude to the domnteh * their
power, ie offer of the ussembly to defray the

i > % ¢ ae aa Ui 4 - al : tg +1 si vy

ari necessary €xpenses OF 33 Vil government,
which, of course, would carry with it the right
ee controlling those expenses, aid necessarily

ii I! divest the officials of the DOSssession of the
ea) Tes a

nf asury, Whit n d their greatness.
+4 bi | ry i : +L, a ah . +
a Viuch of the animosity of the times turned, it
: Ld alo, sak a 4
ts “idl alsO VE ¢ \ \ » this vexed
4 | c } 5 Pe

ii juesuon OF the C) om 1 alterward
Be ryt

d. Their
heir com-
he repre-
t obtaimed
artained to
und aristo-
‘to them,
in a false

ional and
servants of
gine them-
nd inhabi-
ook down,
d from ail!
pt throug"
hose COnit-
was their

masa con-
: en

AV why
oli -* their
defray the
overnment,
. cS . “ 1

it the rigat

nece essarily
sion of the

creatness.
s turned, it
: sek le
this vexed

? arlc
, atterwa@rds

a .

BLby,

(and no man could be more so than Sir J. H. chap.

¢?

“1ig.) necessarily had to look for his informa-
tion and advice in matters of state, from those he ,
found constituting his council, or whose official
stations brought them into immediate commu-
nication with him.—It was, indeed, his duty to
consult them, and cautious as he might be, he
could not long remain perfectly unimpressiona-
ble against his constitutional advisers, for such
they were.—Once in possession of his confi-
Gene, the rest is easily imagined. Seeing
yatters but as they saw or thought fit to repre-
seek them, that he would take his Impressions
from them, and gradually me prejudices also,
itis but natural to su ippose They wielded the
powers and dispensed the patr onage of govern-
ment, without any of its res sponsibility, ane?
rested entirely upon him, while the country
had no real or efficient check or controul
either upon him or them. There was no access
but through them to the governor’s confidencs
and scarcely to his ear—no preferment, nor
admission to office till they were propitiated

and their flat, asa necess ary oe ation, ere
obtained by the aspirant, and who also, the

pursuit, probably, had often to lick the very dust
from their feet-—-their smiles were fortune and
their frowns were fate, to the candid: «s whe
frequented the purlieus of the castle, or waited
in the anti-chambers of it in expectation of the

¥ 7 '
VICE ve gs al favors.—~in fine, the rovernor, now
ever unconscious of it he may have been, \reairy
aga oie 4 — j i . ia } Pay Saar =
Was if ue hands ol, and ruled py a chou

350

Chap. Officials rioting on the means of the country,

XIL1.

aed
Si]

yet desiring nothing better than the privilege of
tyrannising it, and who, however obsequious to
him in appearance, were nevertheless his mas-
ters.— The government, in fact, was a bureau-
cracy, the governor himself little better than
an hostage, and the people looked upon and
treated as serfs and vassals, by these their
official lords.—-Such was the inverted order of
the goverrment in those times, any, thing, it
must be avowed, but res ponsible i in the e nglish
acceptation and meaning of the term.

Whether the scheme of responsible govern-
ment, in which Canada now (1848) pride s itself,
will prove a better speculation, posterity which
nee is every probability will pay well for it,
will determine better than we, of the present
day, } pos sibly can pretend te do.

{t differs {vom the former in this, that they were
of the appointment of the crown solely, indepen
dently of the country ; whereas these are named
at least with the concurrence of the representa-
tives of the people, if not absolutely of their joint
appointment with the crown, for, as pretended,
the mutual advantage of the governing and go-
verned, but ona basis alw ays s of ¢ corruption and
consequently no more than a bureaucracy of

another and stili bs at kind. Certain principal

ome ils or heads of departments are, accord-

e to it, to retain, a seems, their offices, with

2 large salaries appertaining to them, and

oonstitite the executive council, or provincial

ministry, so long only as they can Sata
seats in the assembly and secure a majority

country,
vilege of
ious to
his mas-
bureau-
ter than
pon and
ase their
order of
thing, it
e english

e govern-
des itself,
rity which
ell for it,
e present

they were
, indepen+
are named
»presenta-
their joint
pretended,
ig and go-
iption and
ucrac y of
) principal
> accord:
ices, with
hem, and
provincial

preserve

naj yar y In

351

it of partisans or adherents—no matter by what

means, that being their affair,—in proof of Xl
their enjoying its confidence. In other words, (7
that while they can secure their

; dominion in
the assembly—in that body intended to be the
constitutional check upon them, and to whon
they are supposed responsible——and sway it at
pleasure, they shall be the responsible ministers,
with oe treasury at command, and its attendant
influences, and theirs the s spoils of office, as the
reward of corruption, and the means of perpe-
tuating it-—A fair understanding, in fact, that
corruption shall be legal, and the people pay,
provided always the representatives have their
share ; and this is the res sponsible government !
A more. perfect inversion whereof, nevertheless
itis difficult to conceive, promising but agitation
fo the country and inst: ability in the eovernm
——a political eureka, for the moment the rage,
in which those who pay and those who receive,
equally rejoice and jo in with ¢ one accord. The
former bureaucracy held in subjection but th
one branch, without any acknowledged respon-
sibility, it is true;—with the p1 t, itis 2
incumbent duty to sway ithe two, under indeed
a pretended responsibility amounting really t

noth ng; and we have had proot

%

arrogance and domine ‘Ing spirit OCPTOWIWW2S Out Oi
. Ror es | ane j te rites ahs 2
it towards both bi inches, to aeprecate the mo!
F . 3 ee : , ’ ‘ , j ( } ' 1
ter in ifs present shape. itis, in fact, but anotne
q a 4 } : }
AD ane a) SIL ( eme, HOU
eople’s treas , none th sOSea
i i
?
yy} Yaa ty , i} { if nce i wh ) oF ) lal
t
‘ 7 7
iO tN 5 i") yl O} HNerwisi

nay

mt

Soe ee

ee

(|
i

Mien a. ‘ ~
ear i ani liteeiamtblnnnn Wea wis

eae amar i tee a erecta _
— = =a

{

hap. Make it appear so; and to which for neace,
U1

though let us hope, only as an experiment for
ihe moment, -tll the expensive mania subside,
the ruling power has co mp lacently, however
delusively with respect to the public weal and
its own credit, acceded.

What system would be the most suitable and
best for our colonial state, and we are far {rom
ripe for any other, we have not, nor is it our
business the presumption to suggest, nor the
alents toimagine 3; butone less liable to corrup-
tion and of more efficient checks and balances
than that we possess, all who hitherto hav
observed its operation will agree, 1s desirable,
lemoralising as it is in its effects, and promising
neither strength nor stability to the government,
nor freedom nor satisfaction to the people. FO
exclude the heads of departments and principal
ea from all participation in the political

ceras of the country, confining them exclu-
ety to their official duties will, perhaps, after
all, be found the wisest plan. While the admi-

racter or be suspec ie of it, and there
no ¢ sorimaie in its justice or lt npartia-

‘ernment e: te emed any t thi ng but

ereign and just.

; ae ‘ : 3!
al this LIMme, Con

nistration of the government isin the hands of
leclared partisans, its every act will partake of

ee ee

THRs hc

begins

Saat we

yr neace,
iment for
subside,
how ever

weal and

itable and
e far from
rig it our
st, nor the
to corrup-

.

d balances

erto hav

| promising
overnment,
ial
yeople. Fo
id principal
12 political

hem exclu-

| partake 01
t, and there

:
:
4
$
Fs
‘
he
a
4
Ca

—

ait vork Of this nature, we can have Little to say in regara Chap.
) Sir J.H.Craig’s military duties and government, but a general order XIII.
issued by himselt, while in this command, and which subsequently, =~
by order of the commander in chie was read at the head : every [S11

egiment in the british service, is so characteristic of the late Sir J.H,

A | us V | | ‘ kine, ane alto-

nnot do bette

Lan 7h La | ( l pag
e
i RE January | ISO
comma n el} | the follow ra
issue hy neral piu his Mar forces iI
Orin wvamerica » De ( rdei L} arimny t-
‘ ) | {f ) ) 1RO9
Genera tie rot the fore lately had
( « 1 tt I EY ') \ ! |) tL UU)) { lars pre Cl
1 ft) Lt) ' ( i} { it i} ae 1} ioe J to imtain
Wry oO} nat otneet is I idiuta OTLS¢ ence of
\ ot j ; l wo} ‘ | i y ist ‘ Qt ad not
ii! » « \ I 1 O j eller it being’ the first of the
KI d thi hi ry | i KNOW |e loe du rf forty j VOal it he
has been in t) e, and as t first insfance has thus (so far as
he is aware at least), occurred on the part of the army vith the
charge ol ich the ; beer pleased to entrust bim, he eel
himself called a) eve obDuUeatle of duty to his M LJCSTY a a the
service, to bear his testimony aga it, Dy a public expression of
disapprobati rl
His excelleney does not mean, in this instance, to aseribe anv
mplroper motive to the rveants—he has no doubt that their sole
view was to xpress thei ard and gratitude towards an officer,
who, in} timate connection, that had officially subsisted between
tem, had \ comme! lably eco duet (| himself with k naness to
them, without departing from that strictness of discipline which was
indisp nsable to the discharge of his duty
‘+ But while his exeellencv thus does justice to the intention of the
serreants of th Royal Fusiliers, he desires at the same time very
seriously to « bserve to them, that in presuming To meet in orde to
deliberate on the conduct of their superior officer, they have in fact,
however unintentionally, been guilty ofan act of great insubordination
‘{t matters not that the design of the meeting, or in whatever
Fe manner the ad ‘ress Was u ul imously assented O.WaS SO! ‘ly to express
. e .
: their respect and esteem, the very circumstance impHes discussion,
nd by that dis USSIO] if r rendered hemselve obnoxi s ft the im-
4 vutation vwiiuded to Who, indeed, shall say where uch a prac ce, if
; once introduced, shall end? ] 1 y-commissioned oificers of a
regiment are pernuitted express then approbation of the conduct o
thi adjutant, Wy play ey not exercise the same right with respect

x
fo their commaakcngs omce! ay vhat reason

‘an. be given Why they
: > [Tndeed
iould the practice become veneral, the mere ly vt ithholding the for-

express their cis ipprobation

ee

ot

Nene oc am canmeam

354

‘“ (seneral Sir James Craig is the more desirous that his sentiments
"on this subject should be listinetly understecd in the Fusiliers because

it appears on the face of the address of 1 sergeants in question, that
ove ithas been countenanced by the officer who then cornmanded the

Chap
X11.
(S11. regiment. The commander of the forces does no more than justice to

the character and services of that offceer, when he admits, that feeling

is he does the dangerous tenden of the practice which he is cer
suring, he also feels himself the more bound to oppose it, in the first
iistanee, from the strength which it might otherwise derive from the
sanction Which he appears to have riven to Lieut ec Pakenham
ill, however, believe, that though it was impossible the genera
shonld avoid this observation upon his error, yet his doing so can by
no means detract from the esteem with which he has been taught to
jew his character as an Officer, or the confidence which he should be

lisposed to place in his services, F
(Signed) “« BEpwarn BayNEs,
\djt.-Ge 1. to the british army serving in North America

The reason for which the commander in chief has directed the eir
culation of this order, is, that he may avail birmself of this opportunity
of declaring to the army his most perfect concurrence in the sent)
ments therein expressed by the distinguished and experienced offices
by whom it was framed, on a subject which appears to have been, by
some, very much misunderstood.—The circumstance of inferiors of
any class of military men assembling for the purpose of bestoWwing
praise and public marks of approbation on their superiors, implies a
power of deliberation on their condnet, which belongs to the king
alone, orto those officers to whom his Majesty may be pleased to
entrust the command and discipline of his troops.

[t is a vrocedure equally objectionable, whether in the higher o1
lower ranks of the army, and as the commander in chief cannot but
regard if as, in principle, subversive of all military discipline, he
trusts it isa practice which will be for ever banished from the british
service, as deserving of the highest censure, and he directs officers in
command to act accordingly.

By command of the right honorable the commander in chief.

49

‘“ Harry Carvert, Adj, Gen

Mhe following is a translation from the french, of one of a variety

of ordinances, or general crders, issued shortly after the conquest
by General Murray, as recorded in that language in a register
appertaining to the Literary and Historical society, of Quebec
As an authentic record it must be valuable in the estimation of every
british subject, who likes to think well of his country, and believes in
i@ nonor and integrify of its government, and will together with the
ceeding document be read, by such, with interest, particularly at

a time when agitation is likely again to be the order of the day, and

those of whom better things were to have been expected are at work,

} } . ' , { 7) yhe agin . ,
BvuUSING, houting, reviung, not me eLy ne colonial administration,

is sentiments
hers hecause
juestion, that
nm: nded tne
han justice )

that feeling

ech nei cet

ri rom the

LAE reality

» ft} ra
}

yuuis { ‘ai wy

wel fab )

irected the ci

ws ONYO!T wryly
i

¢ in the sent

ren ed otheel
eriene

yhave heen, DY
of imferiors of
e ol bestowing
riors, immphie 3 a
vs to the king
be pleased to

n the higher o1
hiet cannot bul

discipline, he
‘vom the british
irects officers Mi

der in chet.

Adj Gen Ad

one of a variety
r the conquest
re in a registel
ty, ot Quebec
timation ofevery
, and believes in
wether with tn
t. particularly at
of the day, and

cted are at work,

1 admunistrauon,

V4

odo

but the government of the great and glorious ‘mpire, the britash, of

Veo Mane part, and justl mav be proud, in erm the most KI]
’ 4

HJUPIOUS Al TISOre nt tha lany Mave affords and muice ca inp!

tccusiig it also of injustice and tyranny, but of whose clemenev and b 811.

;

hevoience he very eftractors themseltve are ving and sti eine proofs

It is at all times satisfactory articularly in such as these, to pertise

i ’ .
uch recoras and find them borne out thi VY Vears alterwarda bv evi
denct a) ‘eminent (} Vise ana the rood as bishop @SSIS reall Wis

Rv his Excellency James Murray, &ec. &e.,
His Majesty having signified through his minister to us, his royal
? ire itthe trene! bre ibitants of] thus colony, Who Dens iso his
ibjects, have 1 equal right with others, to claim his protection
he treated th the same nanit te es
Ht Cd Witti thf ame OU VY All eCnuerness ana enjoy lu y
the same wild and benignan vernment, which, already so emi
nel dusting h 1 happy auspil ot hy \] , eigen. are
hich constituie the Happiness of au who are subjects of the britis)
empire : We by these presents declare—-that all soldiers, sailoy r
others his Maiesty’s subjects, who shall convicted of ing in
' ‘ } _ i
Lhe shahtest degree iostuited any eanadian Dita ng then
' | 4 a! > .
fellow uopeEcts, ELLit by mals US LHSinUations other interrorit
hrough the fortune of war, or by indecent ullery as to their
janvuege, dress Manners customs, or country, or by unen table
reflections upon the 1 ‘ligion they profess; shall be most rigorously

pP ushed, We, moreover, dee are that all persons trading, 0} lealing

ra}

with the indians, or others, who taking advantage of their sia nitions

shall be convicted of having defrauded them, or of having atte mpted
to surprise them, whether those domiciliated within this governmeut.

Or those who are protected DY it, shall on be Inge tk eregl convicted
be punished with the utmost severity, for disobedience of the King’s
ers, and for dishonoring the commerce of Great Britain—-and to
the end, that the inhabitants may kuow what recourse they have,
in case of complaint, against any of his Majesty’s british subjects,
We command them to make their complaint either directly to us, is

person or to our secretary, or in his absence. to the & Gr: fie a
chef’’-~to the end that they be heard and justice done, according aa

to right it shall appert in. Wealso require all oificors of hia Britenni
Viajesty. as well military as eivil, to be aiding and assisting in the
execution of these his Majesty 's commands : and to the end that a

person shall pretend ignorance of the same, the commanding officers,
of british regiments, will see that the present is published to thei
several companies, throughont all the cantonments of this government

; , , ‘
and all commanders of ships and vessels, are also required to notify
the same to then respec ye Crews, under pai o ausweriyy werelol
li Cast ot neglect, ¢ it is moreover ord d. that } nresent
, Presen
} 102 fyi } one | .
be read, publi shed and a Ixea, Wher mud Where he Sdlite lay t
necessary. * Quebec, 11 irch, 1762
. } j re 1 ]
{ at ) ‘JA Me Vil RRAY
) ' fr as
By ordet (RAMAHI! Secretary
Phe follow s 1 ) tf () Gg ¢ relle’
i VV { i fLé 7 eve razelie é ry
Vecembe [S84

Pe ;
IV a ‘y , <
a9 er Vg WY
GB \ - Ww & Vv wit
Vg <q ¢
yf ee
= S | g =
= O BE riseete xi _ 2 -
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Chap

XiIL.

THE CANADA DISSENSIONS

The following extract from the funeral oration of Monseigneur
Jean Olivier Briand, bishop of Quebec, pronounced by the reverend
Joseph Octave Plessis, in the cathedral church, on the 27th June,
* 1794, will shew that the “« hatred ”? between the “ new comers”? and
the descendants of the first settlers of Canada, was not prevalent
thirty years after the cession of the province. If any such hatred
prevails at present, asis asserted by certain newspapers, it is the
work of the politicians and others seeking their own gratification
rather than the performance of their duty to their sovereign and the

welfare of the country.

The extract is from a manuscript in the hand writing of M. Plessis:

Extrait de Voraison funébre de Monseigneur Jean Olivier Briand,
evéque de Québec——prononcée par Mer. Jose “ph Octave Plessis, alors
curé de Québec, le 27 Juin, 1794, dans la eathédrale de Québec :--

‘ Les désordres qui régnaient dans cette colonie s’étaient élevés
jusquw’au ciel, avaient crié vengeance et avaient provoqué la colere du
tout- puissant—Dieu la désola par les horreurs de la guerre, et, ce qui
fut considéré par les mes justes comme un fléau encore plus terrible,
Péglise du Canada se trouva veuve et sans chef, par la mort du prélat
qu la gouvernait depuis dix-neuf ans. (+) Perspective désolante !
Ah! qu’elle répandit d’amertume dans toutes les familles chrétiennes,
Chacun plaignait son malheureux sort et s‘afiligeait de ne pouvoir
quitter un pays od le royaume de Dieu allait étre détruit pour tou-
jours. Nos conquerants, régardés Wun cil ombrageux et jaloux,
n’inspiraient que de V’ horreur et du saisissement. On ne pouvait se
persuader que des hommes. étrangers 4 notre sol, a notre langage, &
nos loix, d nos usages et a notre culte; fussent jamais capables de
rendre au Canada ce qu’il venait de pe dre en changeant de maitres,
Nation généreuse, qui nous avez fait voir avec tant dévidence com-
bien ces préjugés étaient faux: nation industrieuse, qui avez fait
germer les richesses que cette terre renfermait dans son sein; nation
exemplaire, qui dans ce moment de crise enseignez a univers atten-
tif, en quoi consiste celte liberié apres laquelle tous les hommes seupi-
rent et dont si peu connaissent les jusles bornes ; nation compatissante,
qui venez de recueillir avec tant d’humanité les sujets les plus fidéles
et les plus maltraités de ce Lhe dat auquel nous appartinmes autre-
fois; ({) nation bienfaisante, qui donnez chaque jour au Canada de
nouvelles preuves de votre libéralité ;—non, non, vous n’étes pas
nos ennemis, ni ceux de nos propriétés que vos loix protegent, m
ceux de notre sainte religion que vous respec tez.—Pardonnez done
ces premiérs défiances a un peuple qui n’avait pas encore le bonheur
de yous connaitre; et si aprés avoir appris le bouleversement de
V’état et la destruction du vrai culte en France, et apres avoir gotité
pendant trente-cing ans les douceurs de votre empire, il se trouve
encore parmi nous Sr a esprits assez aveugles ou assez mal inten-
tionnés pour entretenir les mémes ombrages et inspirer au peuple des

désirs criminels le retourner a ses anciens maitres ; n’lmputez pas &
la totalité ce qui n’est que le vice d’un petit nombre.
“ Bien éloigné de donner dans ces erreurs, Mgr, 3riand vit a peine
les armes britanniques placées sur nous: portes de ville, qu’il congat
en un instant que Dieu avait transféré a l’ Angleterre le domaine de

Monseigneur
the reverend
e Ith June,
comers” and
jot prevalent
such hatved
‘rs, it is the
eratification
eign and the

if M. Plessis :
livier Briand,
Plessis, alors
e Québec i--
étaient élevés
é la colere du
re, et, ce qui
plus terrible,
nort du prélat
ve désolante !
s chrétiennes,
le ne pouvoir
ruit pour tou-
ux et jaloux,
ne pouvait se
re langage, a
s capables de
nt de maitres,
vidence com-
qui avez fait
sein; nation
univers attene
hommes seupti~
ompatissante,
2s plus fidéles
Minmes autre-
1u Canada de
us n’étes par
protegent, m
rdonnez dene
re le bonheur
rversement de
és avoir gotté
Pp, ilse trouve
sez mal inten-
au peuple des
imputez pas @

nd vit a peine
e, qwil congat
le domaine de

357

ce pays; qu’avec le changement de possesseurs nos devoirs avaient
changé d’objet ; que les liens quinous avaient jusqu’alors unisd la
France étaient rompus, que nos capitulations ainsi que la traité de
aix de 1763, étaient autant de neuds qui nous attachaient a Ja Grande
retagne en nous soumettant a son Souverain; il appereut ce que
personne he soupgonnait; que la religion elle-méme pouvait gagner 4
ce changement de domination, &c.

‘ Mgr. Briand avait pour maxime qu’il n’y a de vrais chrétiens, de
catholiques sincéres, que les sujets soumis A leur Souverain légitime.
Il avait appris de Jésus-Christ, qu’il faut rendre & César ce qui appar-
tient a César; de St. Paul, que tout ame doit étre soumise aux auto-
rités étabiies; que celui qui résiste a la puissance résiste a Dieu
méme, et que par cette résistance il mérite 2 damnation ; du chef des
apdétres, que le roi ne porte pas le glaive sans raison, qu’il faut Vho-
norer par obéissance pour Dieu, propler Deum, tant en sa personne
qu’en celle des officiers et magistrats qu’il députe—sive ducibus tan-
quam «b eo missis. ‘Tels sont, chrétiens, sur cette matiére, les prin-
cipes de notre sainte religion; principes que nous ne saurions trop
vous inculquer, ni vous remettre trop souvent devant les yeux, puis-
qwils font partie de cette morale évangélique a Vobservance de la-
quelle est attaché votre salut. Néanmoins, lorsque nous vous expo-
sons quelquefois vos obligations sur cette article, vous murmurez
contré nous, vousnous accusez de vues intéressées et politiques, et
eroyez que nous passons les bornes de notre ministére! Ah! mes
fréres, quelle injustice! Avez-vous jarais la que les premiers fideles
fissent de tels reproches aux apdétres, ou ceux-ci au Sauveur du monde
lorsqu’il leur développait la méme doctrine? Cessez done de vouloir
nous imposer silence ; car nonobstant vos reproches, nous ne cesserons
de vous le redire ; soyez sujets fidéles,ou renoncez an titre de chrétiens.

‘“« Lors de invasion de 1775, notre illustre Prélat connaissait déja la
délicatesse,ou plutot Villusion d’une partie du peuplea cette égard.
Mais, il aurait cessé d’étre grand, si une telle considération l’avait fait
varier dans ses principes ou déranger dans ’exécution. Sans done s’in-
quiéter des suites, il se hate de préscrire a tous les curés de son diocese la
conduite qwils doivent tenir dans cette circonstance délicate. Tous
recoivent ses ordres avec respect et en font part d leurs ouailles. Le
Prélat préche d’examples ens’enfermant dans la capitale assiégée.
Dieu bénit cette résolution: le peuple, apres quelque incertitude,
reste enfin dans son devoir: les citoyens se cétendent avec zéle et
courage. Au bout de quelques mois, un vent favorable dissipe la
tempéte. Les Assyriens confus se retirent en désordre: Béthulie est
délivrée, la province préservée, et nos temples retentissent de chants
de victoire et d’actions de graces, &c., &c,”

[TRANSLATION. }

«* The disorders which prevailed in this colony ascended to Heaven,
crying vengeance and provoking the wrath ofthe Almighty. God visi-
ted the country with the horrors of war, and, what was more felt by
devout minds, as a more terrible infliction, the ehurch of Canada was

(+) Mer. Pévéque Pontbriand, décédé a Montréal, Je 8 Juin, 1760,
(I) L’émigration du clergé frangais en Angleterre.

“~

Chap,
Alll.

Nee!

181i.

Chap
XIIl.

—/

181),

ee ee

358

widowed by the death and privation of its chief, who had governed it
for nineteen years: ({) efflicting perspective! It spread the severest

grief among all christian families. They all lamented their own
unfortunate lot, and that they could not live where the kingdom of
God was threatened with destruction, Our conquerors were looked
upon with jealousy and suspicion, and inspired only apprehension,
pag could not persuade themselves, that strangers to our soil, to
our language, our laws and sages, and our worship, would ever b:
capable of restoring to Canada, what it had lost by a change of
masters. Generous nation! which has strongly demonstrated how
unfounded were those prejudices; industrious nation! which has
contributed to the development of those sources of wealth which
existed in the bosom of the ceuntry; exemplary nation! which in
times of tronble teaches to the world in what consists that liberty to
which al] men aspire and among whom so few know its just limits;
kind hearted nation! which has received, with so much humanity,
the most faithful subjects most cruelly driven from that kingdom to
which we formerly belonged; (+) beneficent nation! which every
day gives to Canada new proofs of liberality. No, no! you are not
our enemies, nor of our properties which are protected by your laws,
nor of oxr holy religion which you respect. Forgive then this early
misconception of a people who had not before the honour of being
acquainted with you; and if, after having learned the subversion of
the government and the destruction of the true worship in France,
alter having enjoyed for thirty-five years the mildness of your sway,
there are some amongst us so blind or ill intentioned, as to entertain the
same suspicions and inspire the people with the criminal desire of
returning to their former masters; donot impute to the whole people
what is only the vice of a small number.

‘« Far from yielding to these errors, Monseigneur Briand had hardly
seen the british arms placed over the gates of our city, before he
perceived that God had transferred to England the dominion of the
country ; that with the change of possessors our duties had changed
their direction; that the ties which heretofore bound us to France
were broken, and that our capitulations and the treaty of cession of
1763-were so many engagements which bound us to Great Britain and
to submit to her Sovereign ; he perceived what none had comprehended,
that religion itself might gain by the change of Covernment, &c.

‘* Mgr. Briand had for a maxim that there are no true christians,
sincere catholics, but such as submit to their lawful Sovereign. He
had heard from Jesus Christ, that we must“ render to Cesar the
the things that are Casar’s” ; from St. Paul, that every soul must
submit to the establis!:ed authorities ; that those who resist the powers
that be, resist Go&himself, and by that resistance incur damnation ;
from the chief of the apostles, that the King does not carry the sword
in vain ; that he must be honoured in obedience to God, propter Deum,
both in his own person as in the persons of his officers and those to
whom he confides his authority, sive ducibus tanquam ab eo missis.
Such, Christians, are, in this matter, the principles of our holy
religion, principles which we cannot too chmastis inculcate, nor
submit too frequently to your consideration, since they form part of
that gospel morality, in conformity to which depends your salvation,

SET

i governed it
the severest
d their own
. kingdom of
were looked
ipprehension.
o our soil, to
ould ever be
-a change ot
ustrated how
' which has
wealth which
on! which in
hat liberty to
its just limits 5
ich humanity,
t kingdom to
| which every
9! you are not
| by your laws,
then this early
mour of being
» subversion of
nip in France,
of your sway;
to entertain the
minal desire of

le whole people

riand had hardly
city, before he
fominion of the
jes had changed

d us to France
of cession of
‘reat Britain and
d comprehended,
nment, &c. —

true christians,
Sovereign. He
rto Cesar the
very soul must
resist the powers
meur damnation ;
carry the sword
, propler Deum,
vrs and those to
am ab eo missts.
les of our holy
inculcate, nor

Js your salvat jon,

ey form part of

309

Nevertheless, when we occasionally hold forth observations on this
ead, you murmur against us, you complain with bitterness and
iecuse us of interested and political motives, and believe that we
»xceed the duties of our ministry.

2¢ expounded to them the same doctrines? Cease then to endeavour
‘to induce us to silence; for notwithstanding your reproaches we shall
never cease to repeat, be faithful subjects or renounce the name of
christians.

« On the invasion of 1775, our illustrious Prelate was acqhainted
with the scruples or rather the illusion of a part of the poo? on that
oeeasion. But he would have ceased to be worthy of his elevation jt
such a consideration could have induced him to vary in his prineiples
yr abstain from acting on therm, Without apprehension of the conse-
juence, he hastened to prescribe to all the curates of his diocese the
conduct which they had to observe on this delicate occasion. Atk
‘eceived his mandates with respect and communicated them to their
flocks. The Prelate preached by example, shutting himself up in
the besieged capital. God blessed this resolution; the people after
some incertitude defended themselves with zeai and courage. At the
end of several months a favorable wind dispelled the sterm. The
Assyrians in dismay retired in disorder ; Bethulia was delivered, the
province preserved, and our temples resounded with the sengs of
victory and thanksgiving, &c., &c.”

It is gratifying to find such evidences in favor of the british govern-

yent and people, from so eminent a man and in all respects estimable,
as the late bishop Plessis, whose liberal and enlightend mind, charac-
terized him in the opinions of all, as one of the first menof his country
and,of his day ; and who in the elevated position he afterwards occupied
as the prime dignitary of his creed and church in Canada, the land of his
nativity ,was not less distinguished as an homme d'état than ecclesiastic.

The following letter written by General Simcoe, to the late Major
Holland, formerly Surveyor General, of Lower Canada—was in
Oetober, 1825, communicated to the author of this work by John
Holland, Esq., of Prince Edward Island, who was then ona_ visit to
duebec, (since deceased) with permission to make use of it. Mr.
Holland, (who wasa son of the late Surveyor General of this province)
was in possession of his father’s answer, and was to have forwarded
it oh his return to the island; butit never came to hand. General
Simcoe at the date of this letter was at Quebee on his way to Upper
Canada, of which he was the first Lieut. Governor :~-

“ Qnebec, May 26th, 1792.
“ Sir,-Having at different times during my residence in this place

had various conversations with you, on the operations of the army
under General Wolfe,—I feel myself most strongly induced to desire

(+) Monseignenr Pontbriand, who died at Montreal the 8th June, 1760.
(t) The emigration of the French clergy to England,

Cha

XU

p
Ah! my brethren, what injustice !““"™

Did you ever read that the first of the faithful so reproached the 1811.
wostles, or thatthey so reproached the Saviour of the world, when

Chiap.
XIU.
weve

1811.

360

of you to give me the substance of such part of them, in writing, as
may tend to confirm me in the opinion | have been taught to form
from my infancy, of the consummate ability of that Gene ral,

‘IT beg to call fo your recollection what I have told you—that the
ve Lord Sackville enquired of me, whether I had ever heard why
general Wolfe landed at Montmorenci, and afte rwards attacked the
fre nch works, in that quarter? ‘“ Because’—said he, in a very
emphatical manner——‘* Colonel Simeoe and I tetl you, that you may
remember it ;—genera! Wolfe told me, be fore he leit E ngland, that he
would land where he afterwards did land.’ Personal observation has
confirmed me in the apparent impracticability of Mr, Wolfe's forcing
his way by the Montmorenci side, to Quebee ; and your conversations
have established in my mind the conviction that all his movements on
that side, even his attack, had it succeeded, were meant by him to be,
and would have been, nomore than feints conducing to the accom-
plishing his original intent: that of assuming the masterly, but daring
position on the heights of Abraham, w hich at all events must have
terminated in the surrender of the town, or a battle, in which the
veteran troops of Great Britain, under the auspices of general Wolfe,
were certain to obtain that ascendency over the frenc h army, princi-
pally composed of irregulars, whic h a disciplined force capable ot
maneuvring will always maintain over those who are not habituated
to military movements. ‘To support my ideas, [ have to beg of vou,
as the confidential engineer of general Wolfe—to give me in writing
those particulars, which you have formerly cemmunicated, of your
very minute recomnoitring ‘from. the opposite shore, the plains of
Abraham, and of that plan which’ your friend, the general, had
intended to have pursued, should Monsieur Montcalm have de¢ ‘lined te
attack the british army, when it ascended the plains.

‘It has been said that the landing was not made exactly in the place
where it was intended. I should be glad for information on this point
though not very material. A ecaptain’s guard could in no place have
prevented the british light infantry, commanded by such a man as Si
William Howe, from securing the landing. It was to remove a strong
corps from the possibility of preoceupying that position before
General Wolfe could accomplish the landing, or formation, of his
army, to which all his designs must have tended.

“ Formy own conv iction, I want no written evidence of Mr. Wolfe’s
ability. I believe in my father’s character of him, when at Louis-
bourg, that he was “skilful, brave, indefatigable, intelligent’ —anc
look upon his conquest of Quebec, as the result of all those qualities ;
but, [ must own, f am sorry to see, what I conceive, erroneous
accounts propagated in foreign and scme how or other fashionable
authors, and wish they should not mislead in future our national
heaters. Iam, Sir, withtrue respect, Your most obedient Servant

(Signed) J. G. SIMCOE,

“ To Samuel Helland, esquire, surveyor general.”

Mr. Simeoe’s father gommanded one of H. M Ship’s of war, at the
reduction of Louisbourg.

END OF THE FIRST VOLUME.
['5th January, 1848.)

t of them, in writing, as
ive been taught to form
‘ofthat General,
- [ have told you—that the
x I had ever heard why
afterwards attacked the
se”’——said he, in a very
I tell you, that you may
re he left England, that he
Personal observation has
ty of Mr, Wolle’s forcing
+; and your conversations
that all his movements on
were meant by him to be,
conducing to the accom-
x the masterly, but daring
at all events must have
r a battle, in which the
ispices of general Wolfe,
the french army, princi-
sciplined force capable otf
e Who are not habituated
eas, [ have to beg of you,
1—to give me in writing
, communicated, of your
site shore, the plains of
friend, the general, had
\iontcalm havedeclined to
ne plains.
ij made exactly in the place
‘information on this point
rd could in no place have
nded by such a man as Sir}
[t was to remove a strong |
ing that position before)
ing, or formation, of his’
onded.
en evidence of Mr. Wolfe’s
‘of him, when at Louis-
itigable, intelligent’’—and_
sult of all those qualities ;
hat. I conceive, erroneous
10w or other fashionable |
id in future our national.
our most obedient Servant)
med) J. G. SIMCOE,
general.’?
1. M Ship’s of war, at the

i
|
;
3
a
?

‘OLUME.
3.]